 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 pages
...borough in the case of Butterfield v. Forrester, 11 East, 60, wherein he said: "A party is not to oast himself upon an obstruction which has been made by...the fault of another, and avail himself of it, if he d<~ not himself use common and ordinary caution to be p in the right. In cases of persons riding upon... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 pages
...appeared to happen entirely from his own fault." .Lord Ettenborough's judgment is thus reported : — " A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. In cases of persons riding upon what is considered to be the wrong side of the road, that would not... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 pages
...p. 90. 312 OF COLLISION. [PART in. * ordinary care and caution in the other. A man is not at liberty to cast himself upon an obstruction which has been...of another, and avail himself of it, if he do not use common and ordinary caution to be in the right. One person being in fault will not dispense with... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1847 - 724 pages
...347. In the case of Butterfield v. Forrester, 11 East, 60, Lord Ellenborough, Chief Justice, says : "A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. In cases of persons riding upon what is considered to be the wrong side of the road, that would not... | |
 | Joseph Kinnicut Angell - 1849 - 808 pages
...concurred in causing the damage, he is not entitled to recover.1 As was said by Lord Ellenborongh, "a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. In cases," the learned Judge continued to say, " of persons riding upon what is considered the wrong... | |
 | Louisiana. Supreme Court - 1849 - 814 pages
...violence and want of ordinary care, otherwise he might have avoided the obstruction. It was then said, a party is not to cast himself upon an obstruction...another and avail himself of it, if he do not himself nee common and ordinary caution tobe in the right. In cases of persons riding upon \vhat is considered... | |
 | Joseph Kinnicut Angell - 1851 - 836 pages
...concurred in causing the damage, he is not entitled to recover.1 As was said by Lord Ellenborough, " a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. In cases," the learned Judge continued to say, " of persons riding upon what is considered the wrong... | |
 | James Lees - 1851 - 478 pages
...however, that the masters of both vessels must exercise ordinary care and caution, as no man is at liberty to cast himself upon an obstruction which has been...fault of another, and avail himself of it, — if he himself do not use common and ordinary caution to be in the right.2 When the collision arises from... | |
 | Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1852 - 604 pages
...or folly. In the case of Batterfield vs. Forrester, 1 1 East. 6 1 , Lord Ellenborough said : — " A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. 206 Irwin vs. Sprigg. — 1847. " Two things must concur to support this action : an obstruction in... | |
 | Theodore Sedgwick - 1852 - 722 pages
...the obstruction and avoided it, and on this ground he failed to recover, Lord Ellenborough saying, " a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right ; one person's being in the fault will not dispense with another's using ordinary care for himself."*... | |
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A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right. 
