 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...will dispense with the exercise of ordinary care and caution in the other. A man is not at liberty to cast himself upon an obstruction which has been...the fault of another, and avail himself of it, if he does not use common and ordinary caution to avoid it. One person being in fault will not dispense with... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1854 - 738 pages
...ordinary caution to be in the right. Lord Ettenborough, in Butterfieldv. Forrester, 11 East 60, said, 'a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right.' " Per Curiam. — The judgment is affirmed, with 3 per cent, damages and costs. /. G. Marshall and... | |
 | Electronic journals - 1855 - 804 pages
...founded on the authority of Butterfield vs. Forrester, 11 East, 58, in which Lord Ellenborough said: "A party is not to cast himself upon an obstruction,...the fault of another, and avail himself of it, if he does not himself use common and ordinary caution to be in the right. In cases of persons riding upon... | |
 | Georgia. Supreme Court - Equity - 1856 - 744 pages
...mischief ? Is this sound law ? In Butterfield vs. Forester, (11 East. 60,) Lord Ellenborouyh said : " A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right." And the reported cases in support of this doctrine, are overwhelming. (Flower vs. Adam, 2 Taunt on,... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
...will dispense with the exercise of 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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1865 - 692 pages
...the mischievous consequences resulting from such exposure. It was said by Lord Ellenborough that " a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right." Butterfteld v. Forrester, 11 East, 60. The case in which the rule of law was thus stated has often... | |
 | Great Britain. Courts - Law reports, digests, etc - 1865 - 636 pages
...without which he 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... | |
 | Sir William Thomas Charley - Cab and omnibus service - 1867 - 256 pages
...highway by the defendant, but visible at a hundred yards' distance, was held disentitled to recover. " A party is not to cast himself upon an obstruction...the fault of another, and avail himself of it, if he does not himself use common and ordinary caution to be in the right." Per Lord Ellenborough, CJ, in... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 pages
...will dispense with the exercise of 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... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...will dispense with the exercise of ordinary care and caution in the other. A man is not at liberty to cast himself upon an obstruction which has been...the fault of another, and avail himself of it, if he does not use common and ordinary caution to avoid it . One person being in fault will not dispense... | |
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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. 
