 | William Mack, William Benjamin Hale - 1917 - 1280 halaman
...perceiving the danger and in time to avoid it, negligently refused to do so,86 but this principle cannot govern where both parties are contemporaneously and...mutual carelessness an injury ensues to one or both of them.36 The doctrine, however, is susceptible of have discovered the danger and averted the calamity."... | |
 | California. District Courts of Appeal - 1916 - 1014 halaman
...second, that "this principle cannot govern where both parties are contemporaneously and actively at fault, and by their mutual carelessness an injury ensues to one or both of them", citing Holmes v. SP Co., 97 Cal. 16l. In that case the court announced the last chance doctrine as... | |
 | 1908 - 940 halaman
...to be such, that the deceased cannot and the defendant can prevent the injury. This principle does not govern where both parties are contemporaneously...actively in fault, and by their mutual carelessness the injury ensues. (Id.) 34. PERFORMANCE OF DUTY BY ENGINEER. — Where the engineer believed that... | |
 | 1903 - 1166 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... | |
 | California. Supreme Court - 1906 - 856 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 was said to be a correct statement of the law in Holmes v. South Pac. C. Ry. Co., 97 Cal. 169. "The... | |
 | California. Supreme Court - 1903 - 880 halaman
...considered instances in which the said principle might be invoked, says: "But this principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them." The court further says: "This, we think, may be regarded as a correct statement of the law upon this... | |
 | California. Supreme Court - 1906 - 850 halaman
...defendant is independent of the preceding negligence of the person injured ; and this principle cannot govern where both parties are contemporaneously and...carelessness an injury ensues to one or both of them. ID. — EVIDENCE — CUSTOM AS TO OPERATION OF DOURLE-TRACK RAILROADS — KNOWLEDGE OF DECEASED. —... | |
 | Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1907 - 1056 halaman
...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." (Pages 557, 558.) In Smith v. Railroad, 114 NC 728, 19 SE 863, 25 LRA 287, the general rule was thus... | |
 | Virginia. Supreme Court of Appeals - 1910 - 1078 halaman
...when the plaintirf 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." In Smith v. Norfolk & Southern R. Co., 114 NC 728, 19 S. E. 863, 25 LRA 287, the rule is thus stated... | |
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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... 
