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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... "
Employers' Liability Under the Workmen's Compensation Act, 1897, and the ... - Page 84
by Arthur Robinson - 1898 - 125 pages
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The Pacific Reporter, Volume 43

Law reports, digests, etc - 1896 - 1212 pages
...négligence, also, in the same connection, the result depends upon the facts. The question In such case is (1) whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant; or (2) whether the plaintiff himself so far contributed to the misfortune, by his own negligence or want...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 4

Law reports, digests, etc - 1884 - 1042 pages
...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, he is not entitled to recover. The jury was informed of this rule, but it is apparent, upon a review...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 746 pages
...upon the authority of the case of Tuff v. "Warman, 5 QBNS (94 ECL) 573. negligence or want of ordinary care and caution that but for such negligence or want of ordinary and common care and caution on his part the misfortune would not have happened. In the first case the...
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Principles of the Law of Torts

Francis Taylor Piggott - Torts - 1885 - 448 pages
...ntg^gence the defendant, or whether the plaintiff himself so far con- contributed to the accident, tributed to the misfortune by his own negligence or want of...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...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 pages
...received by the deceased, and whether there was contributory negligence on the part of the deceased ; whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his...
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The Australian Law Times, Volume 6

Law - 1885 - 308 pages
...entitled to recover unless he is chargeable with contributory negligence, that is to saу, unless he has himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of ordinary care and caution on his part the...
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The American Reports: Containing All Decisions of General ..., Volume 49

Isaac Grant Thompson - Law reports, digests, etc - 1885 - 912 pages
...plaintiff himself so far contributed to the misfortune by his own negligence, or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his part, the misfortune would not have happened. In the first case the plaintiff would...
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A Treatise on the Law of Railroads, Volume 2

Horace Gay Wood - Railroad law - 1885 - 804 pages
...in the same connection, the result depends on the facts. The question in such cases is : 1. Whether damage was occasioned entirely by the negligence or improper conduct of the defendant ; or, 2. Whether the plaintiff himeelf so far contributed to the misfortune by his own negligence or want...
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Albany Law Journal, Volume 30

Law - 1885 - 548 pages
...received by the deceased, and whether there was contributory negligence on the part of the deceased ; whether the damage was occasioned entirely by the negligence or improper conduct of tho defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence...
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Atlantic Reporter, Volume 26

Law reports, digests, etc - 1893 - 1164 pages
...that" the pruper quest ion for the Jury in this case, and, indeed, in all others of the like kind, is whether the damage was occasioned entirely by the...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...
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