| David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1208 halaman
...exercise of ordinary care on the part of the defendant at the time, does not apply where both persons are contemporaneously and actively in fault, and by...carelessness an injury ensues to one or both of them. Holmes v. South Pac. Coast R. Co., 97 Cal. 161. Four interesting Nnu York cases on the meaning of the... | |
| John Milton Gardner, Walter James Eagle - 1903 - 798 halaman
...else who comes there from the duty of also taking reasonable care.' * * * But this principle would not govern where both parties are contemporaneously...carelessness an injury ensues to one or both of them; nor where the negligent act of the defendant takes place first, and the negligence of the plaintiff... | |
| 1903 - 1010 halaman
...else who comes there from the duty of also taking reasonable care. ' * * * But this principle would not govern where both parties are contemporaneously...carelessness an injury ensues to one or both of them ; not where the negligent act of the defendant takes place first, and the negligence of the plaintiff... | |
| 1905 - 1736 halaman
...defendant, when the plaintiff cannot, and the defendant can, present the injury But this principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them." And, after quoting thus far from that decision, our court then proceeds: "This, we think, may be regarded... | |
| California. Supreme Court - 1906 - 820 halaman
...defendant, when the plaintiff cannot, and the defendant can, prevent the injury But this principle cannot govern where both parties are contemporaneously and...a clear and definite rule by which to determine in aiiy case whether or not the negligence of the person injured may be said, in a legal sense, to have... | |
| 1906 - 1058 halaman
...defendant, when the plaintiff cannot, and the defendant can, prevent the injury But this principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them." This waB said to be a correct statement of the law in Holmes v. South Pac. C. Ry. Co., 97 Cal. 169. "The... | |
| 1906 - 992 halaman
...when the plaintiff cannot, and the defendant can, prevent the injury. * * * But this principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them." And after quoting thus far from that decision, our court then proceeds : "This, we think, may be regarded... | |
| 1906 - 1086 halaman
...ilcGlinchy, 08 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. New York £ У. HR Co. 27 Conn. 393, 71 Am. Dec. 78, it is said: "The negligence of the... | |
| 1907 - 1182 halaman
...such, "that the deceased cannot, and the defendant can, prevent the Injury." "This principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them." Holmes v. South Рас. С. Ry. Co., 97 Cal. 1C9, 31 Рас. 834. If we were to concede that the engineer... | |
| 1907 - 1282 halaman
...plaintiff cannot, and the defendant can, prevent an injury. But this principle would not govern vhere both parties are contemporaneously and actively in fault, and by their mutual arelessness an injury ensues to one or both >f them." In Smith v. Norfolk & SR Co. 14 NC 728, 755,... | |
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