...in case of injury or death, will bar the recovery of damages, except where it is clearly proven that the accident might have been avoided by the exercise of ordinary care on the part of the trainmen after the danger of the situation was or should have been by them discovered....

...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 find for the plaintiff. The jury found their verdict for the plaintiff,...

...liable if the proximate cause of the injury was the want of proper conduct on the part of the driver, and if the accident might have been avoided by the exercise of ordinary care on his part. The jury found for the plaintiff, and it was held that the direction given to them was...

...Mann. There, although without the negligence of the plaintiff the accident could not have happened, tbe negligence Is not supposed to have contributed to the accident, within the rule on this subject; and if the accident might have been avoided by the exercise of ordinary care and skill...

...customer has sustained an injury, the abstracter is liable therefor, provided the error is such as could have been avoided by the exercise of ordinary care and skill on the part of one possessing qualifications adapted to the business of abstracting. Association v. Bank, 118 Tenn....

...Mann. There, although without the negligence of the plaintiff the accident could not have happened, the negligence is not supposed to have contributed to the accident within the rule upon this subject." —Tuff v. Warman, (1857) 2 CB NS 739. "The case therein cited (Davies v. Mann, [1842] 10 M. &. W....

...undisputed proofs in this case show that the ice upon the outside of the tank and upon the structure could, by the exercise of ordinary care and skill on the part of a competent, experienced person, have been removed without danger to any one or to any property." There...

...addition to other instructions, the judge at the trial directed the jury, that "if they thought that the accident might have been avoided by the exercise of ordinary care on the part of the driver, to find for the plaintiff." The jury returned a verdict for the plaintiff,...

...'carriages passing along the highway, they should find a verdict for the plaintiff, " if they thought that the accident might have been avoided by the exercise of ordinary care on the part of the defendant." Tuff v. Wurman (c) is another well-known case. The action was brought...

...loss resulting from a reliance on such certificate, in any particular, which might have been prevented by the exercise of ordinary care and skill on the part of A. But this is not the case. The defendant prepared this certificate at the instance and for the use...