 | Georgia. Supreme Court - 1879 - 756 pages
...the defendant's negligence, he is not entitled to recover. But in other cases, the defendant is not relieved although the plaintiff may in some way have contributed to the injury sustained. In the case of the Macon and Western Railroad Company vs. Johnson, 38th Ga., 409, an action was brought... | |
 | Georgia. Supreme Court - 1885 - 952 pages
...sections respectively. The qualification in §2972 is this : " But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained;" and the qualification in §3034 is: "If the complainant and the agents of the company are both at fault,... | |
 | Georgia. Supreme Court - 1886 - 990 pages
...the consequences of the defendant's negligence by the exercise of ordinary care, tho defendant is not relieved, although the plaintiff may, in some way, have contributed to the injury, and that such contributory negligence might reduce the damages according 'to the circumstances of the... | |
 | Georgia. Supreme Court - 1878 - 706 pages
...if it fails to do BO, it is liable for injuries sustained in consequence of such failure. 2. Though the plaintiff may, in some way, have contributed to the injury sustained by him, yet that will not prevent his recovery if, by ordinary care, he could not have avoided the... | |
 | Georgia. Supreme Court - 1884 - 934 pages
...defendant's negligence, he is not entitled to recover; but in other cases, the defendant is not released, although the plaintiff may, in some way, have contributed to the injury sustained. Xo person shall recover from a railroad company for an injury to himself or his property, where the... | |
 | 1887 - 972 pages
...employes were in the exercise of all ordinary care and diligence, or, in other cases than these, that the defendant will not be relieved, although the plaintiff...some way have contributed to the injury sustained, but in that event the damages shall be diminished by the jury in proportion to the default attributable... | |
 | Frederick Sackett, Martin L. Newell - 1888 - 836 pages
...failure; provided, the party injured is himself exercising reasonable care and caution; and the fact that the plaintiff may, in some way, have contributed to the injury sustained by him, will not prevent his recovery if, by ordinary care, he could not have avoided the consequences... | |
 | Georgia. Supreme Court - 1891 - 852 pages
...are permitted to make to such actions. It further provides: "But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained." The "other cases" referred to are manifestly those in which the plain tiff could not by ordinary care have... | |
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If the plaintiff by ordinary care, could have avoided the consequences to himself, caused by the defendant's negligence, he is not entitled to recover. But in other cases, the defendant is not relieved, although the plaintiff may, in some way. have contributed... 
