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" I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary... "
The Law Magazine, Or, Quarterly Review of Jurisprudence - Page 187
1843
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Volume 5

1833 - 874 pages
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when...
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The Law Journal Reports, Volume 66

1897 - 518 pages
...proposition established by those cases is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 pages
...Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 12

Ireland. Court of King's Bench - 1850 - 646 pages
...Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part of the plaintiff, yet, unless he might by " the exercise...defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them, he is the author of his own Bradley v. Waterhovse...
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Reports of Cases Argued and Determined in the Court of ..., Volume 1 ;Volume 130

Great Britain. Court of Exchequer - 1840 - 554 pages
...(«'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong. Lord ABINGER, CB...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 pages
...Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 3

Archibald John Stephens - 1842 - 998 pages
...Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong." (12) If a horse...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - 1842 - 822 pages
...be entitled to recover ; for the rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong (A). " If I am...
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American Law Magazine, Volume 2

1844 - 510 pages
...general rule of law respecting negligence is, that although there may have been negligence on the part of the plaintiff, yet unless he might by the exercise...where the defendant negligently drove his horses and wagon against and killed an ass, which had been left in the highway fettered in the fore-feet, and...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volume 1

John Simcoe Saunders - 1844 - 594 pages
...general rule of law respecting negligence is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise...where the defendant negligently drove his horses and wagon against and killed an ass, which had been left in the high-way and fettered in the fore-feet,...
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