Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 13 (November Term, 1851, to June Term, 1852)

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N. S. 36 (41 E. C. L. 422, 425), in interpreting the phrase as Used by Lord Ellen borough in Butterjield v. Forrester, 11 East, 60, means ' that degree of care which may reasonably be ex- pected from a person in the plaintiff's situation,' and is syn- onymous with reasonable care." In Kinnard v. Burton, 12 Shepley, 39, the action was for damage occasioned by a collision in the highway, where both parties had a right to be, and the court laid down the following rule : " An examination of all the... cases leads to the conclusion that the correct rule is, that if the party, by the want of ordinary care, contributed to produce the injury, he will not be entitled to recover. But if he did not exer- cise ordinary care, and yet did not by the want of it con- tribute to produce the injury, he will be entitled to recover." In all these cases, it will be observed that the plaintiffs were exercising their undoubted rights, with which the defend- ants had no right to interfere at the time the injury com- plained of was inflicted ; and in such cases, I have no doubt, the plaintiff is only bound to exercise that degree of care which may be reasonably expected from a man of ordinary prudence in such a situation.

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