 | 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
...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... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 pàgines
...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 which...considered to be the wrong side of the road, that would not authorise another purposely to ride up against them. One person being in fault will not dispense with... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 pàgines
...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 pàgines
...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 which...the wrong side of the road, that would not authorize a person purposely to ride up against them. One person's being in fault will not dispense with another's... | |
 | Joseph Kinnicut Angell - 1849 - 808 pàgines
...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 which...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 - 1849 - 814 pàgines
...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 which...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 pàgines
...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 which...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... | |
 | James Lees - 1851 - 478 pàgines
...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 pàgines
...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 which...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. 
