 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 pàgines
...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... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - 526 pàgines
...violence, and without ordinary care. In that case, Lord Ellenborough expressly says, " that a party is not to cast himself upon an obstruction, which has been...of another, and avail himself of it, if he do not, himself, use common and ordinary caution to be in the right. That one person being in fault, will not... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 pàgines
...entirely from his own fault." .Lord Ettenborough's judgment is thus reported : — " A party is not to cast himself upon an obstruction which has been...of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right. In cases of persons riding upon what is... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1847 - 724 pàgines
...of Butterfield v. Forrester, 11 East, 60, Lord Ellenborough, Chief Justice, says : "A party is not to cast himself upon an obstruction which has been...fault of another and avail himself of it, if he do not himself use common and ordinary caution to be in the right. In cases of persons riding upon what is... | |
 | Joseph Kinnicut Angell - 1849 - 808 pàgines
...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 which has been...of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right. In cases," the learned Judge continued... | |
 | Joseph Kinnicut Angell - 1851 - 836 pàgines
...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 which has been...of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right. In cases," the learned Judge continued... | |
 | James Lees - 1851 - 478 pàgines
...rule, 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...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... | |
 | United States. Supreme Court - 1852 - 668 pàgines
...recognizes no inflexible rule, the neglect of which by one party, will dispense with the exercise of ordinary care and caution in the other. A man is not...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... | |
 | Theodore Sedgwick - 1852 - 722 pàgines
...and avoided it, and on this ground he failed to recover, Lord Ellenborough saying, " a party is not to cast himself upon an obstruction which has been...of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right ; one person's being in the fault will not... | |
 | Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1852 - 604 pàgines
...the case of Batterfield vs. Forrester, 1 1 East. 6 1 , Lord Ellenborough said : — " A party is not to cast himself upon an obstruction which has been...of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right. 206 Irwin vs. Sprigg. — 1847. " Two things... | |
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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. 
