 | Connecticut. Supreme Court of Errors - 1891 - 662 Seiten
...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 case at... | |
 | Charles Manley Smith - 1860 - 622 Seiten
...conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own 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... | |
 | John Guthrie Smith - 1864 - 590 Seiten
...the pursuer himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that, but for such negligence or...caution on his part, the misfortune would not have occurred. In the first case the pursuer may recover ; in the latter not, as but for his own misconduct... | |
 | North Carolina. Supreme Court - 1887 - 724 Seiten
...the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own 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... | |
 | 1881 - 572 Seiten
...on his part. If the deceased so far contributed to the misfortune by his own negligence or want of care and caution, that but for such negligence or...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... | |
 | 1872 - 438 Seiten
...defendants' servants or whether the plaintiff herself so far contributed to the misfortune, by her own negligence or want of ordinary and common care...negligence or want of ordinary care and caution on her part, the misfortune would not have happened; that, in the first case, the plaintiff would be entitled... | |
 | Albert Venn Dicey - 1870 - 582 Seiten
...his own negligence and want of care or caution, that but for such negligence or want of ordinary care on his part, the misfortune would not have happened....plaintiff would be entitled to recover, in the latter he would not, as but for his own fault the misfortune would not have happened. Mere negligence, or... | |
| |
It appears to us that the proper question for the jury in this case, and, indeed, in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so... 
