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" ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened. "
Connecticut Reports: Containing Cases Argued and Determined in the Supreme ... - Page 265
by Connecticut. Supreme Court of Errors - 1891
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The Liability of Railway Companies for Negligence Towards Passengers

Albert Parsons - 1893 - 244 pages
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence, or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on...
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The South Western Reporter, Volume 20

1893 - 1326 pages
...entirely by the negligence or Improper conduct of the defendant, or whether the plaintiff himself но far contributed to the misfortune by his own negligence or want of ordinary or common rare and caution that, but for each negligence or want of ordinary care and caution on his...
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The Law of the Master's Liability for Injuries to Servant

William Francis Bailey - 1894 - 674 pages
...defendant; or (2) whether the plaintiff himself so far contributed to the misfortune hy his own negl1gence or want of ordinary care and caution that but for...want of care and caution on his part the misfortune woul J not have happened. In the former case, the plaintiff is entitled to recover; in the latter,...
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A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ...

Frederick Pollock - 1894 - 842 pages
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary and common care and caution that, but for such negligence or want of ordinary care and caution on his...
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The Principles of the American Law of Bailments: A Companion to the Author's ...

John Davison Lawson - 1895 - 780 pages
...owner had done everything that he ought to have done. The question in such cases is, whether the owner himself so far contributed to the misfortune, by his...caution on his part the misfortune would not have happened.2 § 133. Losses Caused Through Fraud of Owner. — The carrier has a right to know the value...
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American Negligence Cases: A Complete Collection of All Reported ..., Volume 7

1897 - 830 pages
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary and common care and caution that, but for such negligence or want of ordinary care and caution on his...
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Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - 1895 - 628 pages
...whether the damage was occasioned entirely bv the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune, by his own negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his...
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Negligence in Law: General relations

Thomas Beven - 1895 - 1072 pages
...whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on...
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Studies in the Civil Law, and Its Relations to the Law of England and America

William Wirt Howe - 1896 - 374 pages
...the damage was occasioned entirely by the negligence or improper conduct of the defendant ; or " 2. Whether the plaintiff himself so far contributed to...and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened. " In the former case...
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The Pacific Reporter, Volume 43

1896 - 1180 pages
...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 Avant of ordinary care and caution, that, but for such negligence or want of care and caution on his...
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