 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.  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 137by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 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... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...plaintiff 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... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 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) - Maritime law - 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 - Law reports, digests, etc - 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 - 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...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 - 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...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... | |
 | 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."*... | |
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