 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...  Albany Law Journal - Page 2511885Full view - About this book
 | 1900 - 1164 pages
...by the supreme court in Hailroad Co. v. II ihnes. Г> Colo. 107: "* * * The prop?r question * * * is whether the damage was occasioned entirely by the...defendant, or whether the plaintiff himself so far contribute,! to the misfortune, by his own negligence or want uf ordinary and common care and caution,... | |
 | John Mews - 1884 - 1048 pages
...recover. Ib. In all cases of collision, the question is whether the disaster was occasioned wholly by the negligence or improper conduct of the defendant,...whether the plaintiff himself so far contributed to the disaster by his own 7iegligencc, or want, of ordinary and common care, that but for his default in... | |
 | United States. Circuit Court (8th Circuit), George Washington McCrary - 1884 - 752 pages
...by the Kresanowaki v. Northern Pac. R. Co. negligence or improper conduct of the defendant; or (2) whether the plaintiff himself so far contributed to...misfortune 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... | |
 | 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... | |
 | Virginia. Supreme Court of Appeals - 1884 - 894 pages
...the plaintiff 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 and common care and caution on his part, the misfortune would not have happened. In the first case,... | |
 | 1885 - 548 pages
...against the demurrant, or that the object of the demurrant was clearly nothing else but delay, aud the plaintiff was properly required to join therein....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... | |
 | 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... | |
 | Horace Gay Wood - 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... | |
 | Francis Taylor Piggott - 1885 - 448 pages
...contributed to the accident, tributed 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. In the first case the plaintiff would... | |
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