 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 662 pages
...also in the same connection, the result depends upon the facts. The question in such cases is 1st, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or 2d, whether the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
 | Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely by the...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... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1861 - 652 pages
...question for the jury in this case, and, indeed, in all others of the • D. AND w. " like kind, is, whether the damage was occasioned entirely by the " negligence or improper conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...per quem fact, erit (2, 10), lex 3, § 3. such circumstances, the proper question for the jury is — whether the damage was occasioned entirely by the negligence or improper conduct of the defender, or whether the pursuer himself so far contributed to the misfortune by his own negligence... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...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...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 - Law reports, digests, etc - 1887 - 724 pages
...occasioned entirely by the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own negligence or want of...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... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 540 pages
...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...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... | |
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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... 
