 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.  A Treatise on the Law of Railways - Side 1023av David Rorer - 1884 - 1618 siderUten tilgangsbegrensning - Om denne boken
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 sider
...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 sider
...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...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 sider
...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...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) - 1846 - 1088 sider
...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 sider
...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...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... | |
 | Georgia. Supreme Court - 1886 - 990 sider
...accurate language of Lord Ellenborough, in the»case of Butterfield vs. Forrester, 11 East, p. 60, "One person being in fault will not dispense with another's using ordinary care for himself." And in Bridge vs. Grand Junction Railway Company, 3 M. & W., 248, it is said, " The rule of law is... | |
 | Joseph Kinnicut Angell - 1849 - 808 sider
...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...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 - 1849 - 814 sider
...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 has been...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 sider
...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...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 sider
...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... | |
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