| 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
...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... | |
| Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 724 pages
...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 - Carriers - 1849 - 808 pages
...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 - Business & Economics - 1851 - 836 pages
...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 pages
...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 - Law reports, digests, etc - 1852 - 668 pages
...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 - Damages - 1852 - 722 pages
...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 - Law reports, digests, etc - 1852 - 604 pages
...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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