...circumstances. Even upon the assumption that the defendant was negligent, the plaintiff, could not recover if he contributed to the misfortune by his own negligence, or want of ordinary care and caution. Two things must concur to support the action : an obstruction in the road on the...

...that" the pruper quest ion for the Jury in this case, and, indeed, in all others of the like kind, is whether the damage was occasioned entirely by the...misfortune, by his own negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his...

...that tlie proper question for the jury in this case, and, indeed, in all others of the like kind, is whether the damage was occasioned entirely by the...misfortune by his own negligence, or want of ordinary and common care and caution, that but for such # negligence, and want of ordinary care and caution...

...the question In this and in all cases of the like kind is whether the injury complained of was caused entirely by the negligence or improper conduct of the defendant, or whether the plaintiff so far contributed to the same by his own negligence or want of ordinary care and prudence that, but...

...followed by this court, Is thus stated. The question Is whether the Injury complained of was caused entirely by the negligence or improper conduct of the defendant, or whether the plaintiff so far contributed to the same by his own negligence or want of ordinary care and prudence that but...

...Chamber. In the considered judgment on appeal, it is said that the proper question for the jury is, 'whether the damage was occasioned entirely by the...misfortune by his own negligence, or want of ordinary and common care and caution, that but for such negligence, or want of ordinary care and caution on...

...that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence and want of ordinary care and caution on...

...When the defense in a case like this is contributory negligence, the proper question for the jury is whether the damage was occasioned entirely by the...of the defendant, or whether the plaintiff himself ко fnr contributed to the misfortune by hin own negligence or want of ordinary or common care and...

...in the same connection, the. result depends upon the facts. The question in such cases is — First, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant; or, second, whether the plaintiff himself so far contributed to the misfortune by his own negligence or...

...in Tuff v. Warman, 5 CB (NS), 573, the leading case on the subject, is that where the plaintiff has so far contributed to the misfortune by his own negligence or want of ordinary and common care, that, but for such negligence or want of ordinary care and caution on his part, the...