 ... 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.  The Pacific Reporter - Page 521886Full view - About this book
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 pages
...plaintiff so far contributes to the disaster by his own neglect, or want of ordinary care and caution, as that, but for such neglect or want of care and caution...his part, the misfortune would not have happened, lie is not entitled to recover. This latter rule is not applicable in a case where the proximate cause... | |
 | Connecticut. Supreme Court of Errors - 1891 - 662 pages
...misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of care and caution on his part the misfortune would not have happened. In the former case the plaintiff is entitled to recovery. In the later he is not." The facts in the... | |
 | Charles Manley Smith - 1860 - 622 pages
...negligence or want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have happened. In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his own... | |
 | Ireland. High Court of Chancery - 1861 - 652 pages
...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 ? In the first case, " the plaintiff would be entitled to recover, in the latter not ; as, but " for... | |
 | John Scott, Great Britain. Court of Common Pleas - 1865 - 534 pages
...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. In the first case, the plaintiff would be entitled to recover, in the latter, not ; as, but for his... | |
 | North Carolina. Supreme Court - 1887 - 724 pages
...negligence or want of ordinary and common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe the first branch of the proposition to be the truth. then you will answer the issue... | |
 | 1881 - 572 pages
...by his own negligence or want of care and caution, that but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph Co., 43 Me. 496. The plaintiff must show that... | |
 | Thomas William Saunders - 1871 - 338 pages
...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 ? In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his... | |
 | New South Wales. Supreme Court - 1871 - 554 pages
...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. "Mere negligence, or want of ordinary care or caution, would not, however, disentitle a plaintiff to... | |
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