 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...rode with violence, and without ordinary care. In that case, Lord Ellenborough expressly says, " that a party is not to cast himself upon an obstruction,...use common and ordinary caution to be in the right. That one person being in fault, will not dispense with another's using ordinary care for himself. That... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...Ad. Rep. mercial, torn. 3, p. 90. * 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... | |
 | Joseph Kinnicut Angell - Carriers - 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...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 side of the... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 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 - Business & Economics - 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...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 side of the... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1851 - 1050 pages
...without which he might have seen and avoided the obstruction. Lord Ellenborough, CJ, there says, " A party is not to cast himself upon an obstruction...common and ordinary caution to be in the right," In Lack v. Seivard(c), which was an action for the negligence of the defendant's servants in managing... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1851 - 632 pages
...without which ho might have seen and avoided the obstruction. " A party," says Lord ELLENBOROUGH, " is not to cast himself upon an obstruction which has...use common and ordinary caution to be in the right." [V. WILLIAMS, J. The objection to the summing up applies to that part of it which relates to the want... | |
 | 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... | |
 | Theodore Sedgwick - Damages - 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."*... | |
 | Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 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... | |
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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. 
