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" Both parties being negligent, the true rule is held to be that "the party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it. "
The Northwestern Reporter - Strona 228
1911
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Albany Law Journal, Tom 36

1888 - Liczba stron: 564
...the plaintiff can complain of. The idea is clearly expressed in 2 Law Rev. &Quar. J. 507: "The purty who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it." In such case defendants are not even guilty of contributory negligence; that is, their negligence does...
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The Central Law Journal, Tom 82

1916 - Liczba stron: 506
...carriage going on the wrong side of the road." The doctrine of the above case has been stated to be that ''the party who last has a clear opportunity of avoiding...his opponent, is considered solely responsible for it."4 Another legal writer5 in describing the rule as set out in the above case says, "It means only...
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Reports of Cases Determined in the Supreme Court of the Territory of ..., Tom 21

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - Liczba stron: 614
...being negligent, the true rule is held to be that ' the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it. '' Hall v. Hallway Co., 13 Utah, '24:3 ; Thompson v. Salt Lake Rapid Transit Co., 16 Utah, 281. BASKIN,...
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The Pacific Reporter, Tom 94

1908 - Liczba stron: 1164
...of Its decision have been accurately stated by a writer in 2 Quarterly Law Review, 507, as follows: "The party who last has a clear opportunity of avoiding...opponent, is considered solely responsible for It" The Supreme Court of the United States in Grand Trunk R. Co. v. Ivés, 144 US 408, 12 Sup. Ct. 679,...
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The Northeastern Reporter, Tom 75

1906 - Liczba stron: 1164
...Ineffective. The doctrine does not apply here that "the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it" If the jury believed, from the evidence, that appellee would not have been injured but for the negligence...
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Atlantic Reporter, Tom 10

1887 - Liczba stron: 924
...act which the plaintiff can complain of. The idea is clearly expressed in 2 Law Rev. & Quar. J. 507: "The party who last has a clear opportunity of avoiding...opponent, is considered solely responsible for it." In such case defendants are not even guilty of contributory negligence; that is, their negligence does...
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Atlantic Reporter, Tom 59

1905 - Liczba stron: 1156
...rule, as formulated by a writer in the Quarterly Law Review, vol. 2, p. 507, is adopted as follows: "The party who last has a clear opportunity of avoiding...of his opponent, is considered solely responsible," 1 S. & R. Neg. 165, § 99. The negligence of the plaintiff's intestate did not consist in walking upon...
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The Law Quarterly Review, Tom 2

Frederick Pollock - 1886 - Liczba stron: 562
...thrust off, was stupid enough to go on. The result is that the party wlto last has a ckar ojyportunity of avoiding the accident, notwithstanding the negligence...opponent, is considered solely responsible for it ; and this will be found, we believe, to be true of all such cases, whether the series be long or short....
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The Southern Reporter, Tom 33

1903 - Liczba stron: 1042
...principle here invoked has been tersely put in the following language:— "The party who has the last clear opportunity of avoiding the accident, notwithstanding...opponent Is considered solely responsible for It" See Barrow, Neg. 53. It is contended by plaintiff that, on approaching the tracks, Barnhill did not...
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The American State Reports: Containing the Cases of General Value and ..., Tom 1

Abraham Clark Freeman - 1888 - Liczba stron: 992
...the plaintiff can complain of. The idea is clearly expressed in 2 Law Quar. Rev. (London), p. 507: "The party who last has a clear opportunity of avoiding...opponent, is considered solely responsible for it." In such case defendants are not even guilty of contributory negligence; that is, their negligence does...
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