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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 Ontario Law Reports: Cases Determined in the Court of Appeal ..., Volume 58

1926 - 766 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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Reports of the Decisions of the Court of Appeals of the State of ..., Volume 14

Colorado. Court of Appeals - 1901 - 686 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 Legal Relations Between the Employed and Their Employers in Pennsylvania ...

Albert Sidney Bolles - 1901 - 208 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 or common care and caution, that but for such negligence or common caution on his part the misfortune...
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Commentaries on American Law, Volume 3

James Kent - 1901 - 808 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 Law of Motor Cars, Hackney and Other Carriages: An Epitome of the Law ...

George Albert Bonner, Henry Gatchell Farrant - 1904 - 374 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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Cases Illustrating the Principles of the Law of Torts

Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - 1904 - 648 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 Law of Boundaries & Fences in Relation to the Sea-shore and Sea-bed ...

Arthur Joseph Hunt - 1904 - 368 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 the misfortune by his own negligence as that, but for such negligence on his part, the misfortune would not have happened ; for in the former...
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Studies in the Civil Law and Its Relations to the Jurisprudence of England ...

William Wirt Howe - 1905 - 416 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 American and English Railroad Cases: A Collection of All Cases ...

1906 - 992 pages
...well-settled principles of law in this state is that when a party so far contributed to the disaster by his own negligence or want of ordinary care and caution, that but for such lack of care and prudence the injury would not have been sustained, he is not entitled to recover....
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The Foundations of Legal Liability: Theory and principles of tort

Thomas Atkins Street - 1906 - 542 pages
...CBNS 585, 94 ECL 585. Volume I Plaintiff chargeable with contributory negligence of servant or agent. ordinary care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened? If so he cannot recover.6...
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