Handbook, of the Law of Torts

Cover Handbook, of the Law of Torts
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Co., 57 N. Y. 489; Wallace v. Pennsylvania R. Co., 222 Pa. 556, 71 Atl. 1086, 128 Am. St. Rep. 817; Selleck v. City of Janes- vUle, 100 Wis. 157, 75 N. W. 975, 41 L. R. A. 563, 69 Am. St Rep. 906.
§ 113) CONTRIBUTORY NEGLIGENCB B41 diet." ^»* Cases cited in the note afford further illustration of the principle which requires the injured party to act with reasonable diligence to lessen the damage, or, more accu- rately^ to prevent its occurrence.^'" For further injury suf- fered while so acting,
... the wrongdoer should be held re- sponsible.
, 186 CONTRIBUTORY NEGLIGENCE 113. One cannot be permitted to profit by his own wrong.
Hence, if plaintiff's negligence has concurred witii that of defendant in producing the damage, there can be no recovery.
Though plaintiff's negligence must haye been a proxi- mate cause of the harm in order to bar his recovery,^" it is not essential that it be the sole cause. It is enough that it concur with other causes. It makes no difference that the damage has been caused chiefly by defendant's want of care.


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