 | Encyclopedias and dictionaries - 1833 - 874 pages
...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 Lord Campbell's Act), when... | |
 | Law reports, digests, etc - 1897 - 518 pages
...proposition established by those cases is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part of the plaintiff, yet, unless he might by " the exercise...defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them, he is the author of his own Bradley v. Waterhovse... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...(«'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong. Lord ABINGER, CB... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong." (12) If a horse... | |
 | William Selwyn - Nisi prius - 1842 - 822 pages
...be entitled to recover ; for the rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong (A). " If I am... | |
 | Law - 1844 - 510 pages
...general rule of law respecting negligence is, that although there may have been negligence on the part of the plaintiff, yet unless he might by the exercise...where the defendant negligently drove his horses and wagon against and killed an ass, which had been left in the highway fettered in the fore-feet, and... | |
 | John Simcoe Saunders - Civil procedure - 1844 - 594 pages
...general rule of law respecting negligence is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...where the defendant negligently drove his horses and wagon against and killed an ass, which had been left in the high-way and fettered in the fore-feet,... | |
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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... 
