 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1914
...defendant when the plaintiff cannot and the defendant can prevent an injury. * * * But this principle would not govern where both parties are contemporaneously...carelessness an injury ensues to one or both of them." See Fort Worth, etc., R. Co. v. Shelter, 94 Tex. 196 (59 SW 533) ; 2 Nellis on Street Railways (2d... | |
 | 1919
...when the plaintiff cannot and the defendant can prevent an injury. * » • But this principle would not govern where both parties are contemporaneously...carelessness an injury ensues to one or both of them." Prom the testimony of the witness Carter, It will be seen that thé deceased in this case was going... | |
 | 1920
...« * * But this principle would not govern where both parties are contemporaneously and actively hi fault, and by their mutual carelessness an injury ensues to one or both of them." It was held in Norfolk & Western Ry. Co. v. Dean's Adm'r, 107 Va. 505, 59 SE 389, that where the presence... | |
 | 1896
...prevent the Injury. * « * But this principle cannot govern whore both parties are conten ¡oraiieously and actively in fault, and, by their mutual carelessness, an injury ensues to oue or both of them." See, also, Hager v. Southern Рас. Co., 98 Cal. 309, 33 Рас. 119; Esrey... | |
 | 1905
...McGlinchy, 68 Me. 552, 558: "But this principle would not govern where both parties are cotemporaneously and actively In fault, and by their mutual carelessness an Injury ensues to one or both of them." In Isbell v. NY & NHR Co., 27 Conn. 393, 71 Am. Dec. 78, It Is said: "The negligence of the plaintiff,... | |
 | 1896
...and the defendant can prevent the injury. * * * But this principle cannot govern where both parlies are contemporaneously and actively in fault, and,...carelessness, an injury ensues to one or both of them." See, also, Hager v. Southern Рас. Co., 98 Cal. 309, 33 Рас. 119; Esrey v. Southern Рас. Co.,... | |
 | 1896
...prevent the Injury. * * » But this principle cannot govern where both parties are conten ciraneously and actively in fault, and, by their mutual carelessness, an injury ensues to one or both of them." See, also, Hager v. Southern Рас. Co., 98 Cal. 309, 33 Рас. 119; Esrey v. Southern Рас. Co.,... | |
 | Norman Fetter - 1897 - 1693 halaman
...independent of each other, the act of the person injured preceding that of defendant. This principle cannot govern where both parties are contemporaneously and...fault, and by their mutual carelessness an injury comes to one or both of them.8 Hence the failurg of a railroad engineer to sound the alarm whistle... | |
 | William Weeks Morrill - 1897
...defendant, when the plaintiff cannot and the defendant can prevent the injuryBut this principle cannot govern where both parties are contemporaneously and actively in fault, and, by Morrissey v. Traction Co. their mutual carelessness, an injury ensues to one or both of them." See,... | |
 | William Weeks Morrill - 1897
...defendant, when the plaintiff cannot and the defendant can prevent the injuryBut this principle cannot govern where both parties are contemporaneously and actively in fault, and, by Morrissey v. Traction Co. their mutual carelessness, an injury ensues to one or both of them." See,... | |
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This rule applies usually in cases where the plaintiff or his property is in some position of danger from a threatened contact with some agency under the control of the defendant, when the plaintiff cannot, and the defendant can, prevent the injury But... 
