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" ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened. "
American Negligence Cases: A Complete Collection of All Reported Negligence ... - Страница 47
1899
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The Pacific Reporter, Том 41

1895 - 1148 страница
...whether the damage was occasioned entirely by the negjigence or improper conduct of the defendant; or (2) whether the plaintiff himself so far contributed to...his part the misfortune would not have happened." \Ve are met in this case with the approval of these instructions by the supreme court in the case of...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Том 4

1884 - 1042 страница
...law, upon the subject of negligence, is, that when the plaintiff so far contributed to the disaster by his own negligence or want of ordinary care and...his part, the misfortune would not have happened, he is not entitled to recover. The jury was informed of this rule, but it is apparent, upon a review...
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Commentaries on American Law, Том 3

James Kent - 1884 - 730 страница
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary i> The text and note...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Том 5

John Mews - 1884 - 1048 страница
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 746 страница
...contributed to pioduce it ; and this upon the authority of the case of Tuff v. "Warman, 5 QBNS (94 ECL) 573. negligence or want of ordinary care and caution that but for such negligence or want of ordinary and common care and caution on his part the misfortune would not have happened. In the first...
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The Pacific Reporter, Том 83

1906 - 1148 страница
...well-settled principles of law in this state Is that when a party so far contributed to the disaster by his own negligence or want of ordinary care and caution, that but for such lack of care and prudence the injury would not have been sustained, he Is not entitled to recover....
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 730 страница
...law, upon the subject of negligence, is, that when the plaintiff so far contributed to the disaster by his own negligence or want of ordinary care and...his part, the misfortune would not have happened, he is not entitled to recover. The jury was informed of this rule, but it is apparent, upon a review...
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The Australian Law Times, Том 6

1885 - 308 страница
...entitled to recover unless he is chargeable with contributory negligence, that is to saу, unless he has himself so far contributed to the misfortune by his...and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened (Davis v. Mann, 10 M....
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A Treatise on the Law of Railroads, Том 2

Horace Gay Wood - 1885 - 804 страница
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary or common care and caution, that but for. such negligence or want of ordinary care and caution on his...
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Albany Law Journal, Том 30

1885 - 548 страница
...whether the damage was occasioned entirely by the negligence or improper conduct of tho defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his...
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