 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 Seiten
...well settled that a plaintiff may recover, notwithstanding his own negligence exposed him to risk of injury, if the defendant, after becoming aware of...danger, failed to use ordinary care to avoid injuring him." In Behrens v. Railway Co., 5 Colo. 400; sc, 8 Am. & Eng. RR Cas. 184, it was held »n,-n .,„,,.... | |
 | Indiana. Superior Court, Oliver Morris Wilson - 1875 - 658 Seiten
...susceptible of apportionment." Where there is negligence upon the part of the plaintiff, he can only recover, if the defendant, after becoming aware of the plaintiff's danger, failed to use ordinary care to avoid injury to him. Scudder u. The Indianapolis, Peru & Chicago Railway Company. Md., 367, 366; Murphy v.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1881 - 670 Seiten
...the seventeenth instruction, the jury were informed that " The plaintiff may recover, notwithstanding his own negligence exposed him to the injury, if the...line of the decisions of this court. The law must be reHummel et al. v. Tyner. garded as settled in this State, that, where one suea to recover damages... | |
 | Isaac Grant Thompson - 1881 - 968 Seiten
...the jury were informed that " The plaintiff may recover, notwithstanding his own negligence sxposed him to the injury, if the defendant, after becoming...danger, failed to use ordinary care to avoid injuring t.lii! plaintiff." We need hardly say that this instruction va clearly erroneous; for it is directly... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1881 - 664 Seiten
...rule), that the plaintiff may recover, notwithstanding his own negligence exposed him to the risk of injury, if the defendant, after becoming aware of...danger, failed to use ordinary care to avoid injuring him. The principle is stated in Wharton on Negligence, section 303: "In order to defeat the recovery... | |
 | 1881 - 676 Seiten
...qualification, in a proper case, that the plnintifl may recover, notwithstanding his own negligence, if the defendant, after becoming aware of the plaintiff's...danger, failed to use ordinary care to avoid injuring him. Action for damages for negligence of defendant's servants causing personal injuries to the plaintiff.... | |
 | 1888 - 1022 Seiten
...well settled that a plaintiff may recover, notwithstanding' his own negligence, exposed him to risk of injury, if the defendant, after becoming aware of the plaintiff's danger, failed to uso ordinary care to avoid injuring him." In Behrens v. Railway Co., 5 Colo. 400, it was held that... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1886 - 718 Seiten
...settled that the plaintiff may recover, notwithstanding his own negligence exposed him to the risk of injury, if the defendant, after becoming aware of...danger, failed to use ordinary care to avoid injuring him. . . . The American cases in which a contrary opinion is expressed will be found, upon analyzing... | |
 | 1886 - 1076 Seiten
...Buffalo, 56 NY 268. A plaintiff may recover notwithstanding his own negligence exposed him to the risk of injury, if the defendant, after becoming aware of...danger, failed to use ordinary care to avoid injuring him. Tuffv. Warnuin, 5*C. В. N. 8 . 573; 2 С. В. N. S. 740; Danes v. Mann, 10 Mees. & W. 546; 3... | |
 | 1888 - 1040 Seiten
...well settled that a plaintiff may recover, notwithstanding his own negligence exposed him to risk of injury, if the defendant, after becoming aware of...danger, failed to use ordinary care to avoid injuring him." In Behrens v. Railway Co., 5 Colo. 400, it was held that a nonsuit \vas proper when it affirmatively... | |
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It is a well-settled rule of law of negligence that the plaintiff may recover notwithstanding his own negligence exposed him to the risk of... 
