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Home » Law Dictionary » C » COMPARATIVE

COMPARATIVE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Proceeding by the method of comparison; founded on comparison; estimated by comparison. Comparative interpretation. That method of interpretation which seeks to arrive at the meaning of a statute or other writing by comparing its several parts and also by comparing it as a .whole with other like documents proceeding from the same source and referring to the same general subject Glenn v. York County, 6 Rich. (8. C.) 412. Comparative jurisprudence. The study of the principles of legal science by the comparison of various systems of law. Comparative negliagence. That doctrine in the law of negligence by which the negligence of the parties is compared, in the degrees of “slight,” “ordinary.” and “gross” negligence, and a recovery permitted, notwithstanding the contributory negligence of the plaintiff, when the negligence of the plaintiff is slight and the negligence of the defendant gross, but refused when the plaintiff has been guilty of a want of ordinary care, thereby contributing to his injury, or when the negligence of the defendant is not gross, but only ordinary or slight, when compared, under the circumstances of the case, with the contributory negligence of the plaintiff. 3 Amer. & Eng. Enc. Law, 367. See Steel Co. v. Martin, 115 111. 358. 3 N. E. 456; Railroad Co. v. Ferpuson, 113 Ga. 708, 39 S. E. 306, 54 U R. A. 802; Straus v. Railroad Co., 75 Mo. 185; Hurt v. Railroad Co.. 94 Mo. 255, 7 S. W. 1, 4 Am. St. Rep. 374.

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