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" I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary... "
The Reports: Decisions of the Supreme Court of Newfoundland - Halaman 512
oleh Newfoundland. Supreme Court - 1897
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Volume 5

1833 - 874 halaman
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 halaman
...with perfect correctness in the case of Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the part of the...of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 12

Ireland. Court of King's Bench - 1850 - 646 halaman
...defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part of the...of ordinary care have avoided the consequences of " the defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided...
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Reports of Cases Argued and Determined in the Court of ..., Volume 1;Volume 130

Great Britain. Court of Exchequer - 1840 - 554 halaman
...negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part of the...of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them,...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 halaman
...correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part of the...of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - 1842 - 822 halaman
...in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the part of the...of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 3

Archibald John Stephens - 1842 - 998 halaman
...said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part of the...of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 halaman
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volume 1

John Simcoe Saunders - 1844 - 594 halaman
...223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on the part of the...of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 halaman
...Junction Railway Co., 3 M. 4- W. 244. ; in which case Parkc B. states the rule to be that, although there may have been negligence on- the part, of the...of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided this,...
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