Notes On Torts
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GontribiAory negligence in plff only means that he himself has contributed to the accident in such a sense as to render deft's breach of duty ho longer its proximate cause.
Lord Esher had in mind such a case as Matthews v. London Street Tramways Co. ; Lord Justice Bowen had in mind a case like Davies V . J ''^a nn .
The term "contributory negligence" should be confined to cases where plff and deft are concurrently negligent. There the acts of both go to make up the legal cause.
It should have b...een said under Radley v. The London R. P.. Co., that that case is generally re^jarded as having settled the law on the point. Clerk 'c Lindsell, 383.
Nashu a _I r gn_&_ St eel C o^ v . J^ojy ester & Nashua R g.Cq._^_ p. 168, N. H. 1888.
As to contribution between wrongdoers, see Keener on Q. G. , 408-410 ; 148 I.'ass. 363 ; Keener's Cases on Q. C. 492-504.
The case makes four suppositions as to the presence or absence of parties. The rule of law is the same for all these cases, but ~2b- the application ma,:; yary with the different circumstances.
What to read after Notes On Torts?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Jeremiah, 1837-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
GontribiAory negligence in plff only means that he himself has contributed to the accident in such a sense as to render deft's breach of duty ho longer its proximate cause.
Lord Esher had in mind such a case as Matthews v. London Street Tramways Co. ; Lord Justice Bowen had in mind a case like Davies V . J ''^a nn .
The term "contributory negligence" should be confined to cases where plff and deft are concurrently negligent. There the acts of both go to make up the legal cause.
It should have b...een said under Radley v. The London R. P.. Co., that that case is generally re^jarded as having settled the law on the point. Clerk 'c Lindsell, 383.
Nashu a _I r gn_&_ St eel C o^ v . J^ojy ester & Nashua R g.Cq._^_ p. 168, N. H. 1888.
As to contribution between wrongdoers, see Keener on Q. G. , 408-410 ; 148 I.'ass. 363 ; Keener's Cases on Q. C. 492-504.
The case makes four suppositions as to the presence or absence of parties. The rule of law is the same for all these cases, but ~2b- the application ma,:; yary with the different circumstances.
What to read after Notes On Torts?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Jeremiah, 1837-1921 to read onlineMoreLess
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