...action was maintainable against the defendant; and his Lordship directed them, if they thought that the accident might have been avoided by the exercise of ordinary care on the part of the driver, to iind for the plaintiff. The jury found their verdict for the plaintiff,...

...the action was maintainable against the defendant, and his Lordship directed them, if they thought the accident might have been avoided by the exercise of ordinary care, on the part of the driver, to find for the plaintiff. After a verdict for the plaintiff, on a motion...

...be fairly inferred, it devolves upon the shipper to show that the damage might have been prevented by the exercise of ordinary care and skill on the part of the carrier. Id. And where the carrier at first wrongfully refused to deliver goods consigned to a manufacturer,...

...Mann. There, although without the negligence of the plaintiff the accident could no: have happened, the negligence is not supposed to have contributed to...accident within the rule upon this subject : and, if the acciden: might have been avoided by the exercise of ordinary care and skill on the part of the defendant,...

...atmospheric electricity, provided those mistakes could not have been guard/id against or prevented by the exercise of ordinary care and skill on the part of the operating agents of the company. Ib. 3. Can not exonerate from all liability.— Telegraph companies...

...atmospheric electricity, provided these mistakes could not have been guard/id against or prevented by the exercise of ordinary care and skill on the part of the operating agents of the company. Ih. 5. Can not exonerate frout all llabilily,— Telegraph companies...

...electricity, provided these mistakes could not have been ascertained and guarded against, or prevented by the exercise of ordinary care and skill on the part of the operating agents of the company. fSmeftlantl v. Illinois, etc., Tclcr/raph Co., 285. 2. Telegraph companies...

...that the fault lies with the steam vessel, yet, it is still necessary to shew that the loss could not have been avoided by the exercise of ordinary care and skill on the part of those navigating the steam vessel. At all events, such is the law where there is no exception in in...

...driver of the wagon, the action was maintainable against the defendant ; and that, if they thought that the accident might have been avoided by the exercise of ordinary care on the part of the driver, they were to find for the plaintiff. They found for the plaintiff, and the...

...as atmospheric electricity, provided these mistakes could not have been guarded against or prevented by the exercise of ordinary care and skill on the part of the operating agents of the company. The foregoing seems to be the proper rule. Referring back to the extract...