 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 Seiten
...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 Seiten
...care. In that case, Lord Ellenborough expressly says, " that a party is not to cast himself upon an obstruction, which has been made by the fault of another,...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 Seiten
...fault." .Lord Ettenborough's judgment is thus reported : — " A party is not to cast himself upon an obstruction which has been made by the fault of another,...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 Seiten
...[PART in. * ordinary care and caution in the other. A man is not at liberty to cast himself upon an obstruction which has been made by the fault 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 Seiten
...Forrester, 11 East, 60, Lord Ellenborough, Chief Justice, says : "A party is not to cast himself upon an obstruction which has been made by the fault of another...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 Seiten
...not entitled to recover.1 As was said by Lord Ellenborongh, "a party is not to cast himself upon an obstruction which has been made by the fault of another,...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 Seiten
...otherwise he might have avoided the obstruction. It was then said, 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 nee common and ordinary caution tobe in the right. In cases of persons riding upon \vhat is considered... | |
 | Joseph Kinnicut Angell - 1851 - 836 Seiten
...not entitled to recover.1 As was said by Lord Ellenborough, " a party is not to cast himself upon an obstruction which has been made by the fault of another,...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 Seiten
...both vessels must exercise ordinary care and caution, as no man is at liberty to cast himself upon an obstruction which has been made by the 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 - 1852 - 722 Seiten
...this ground he failed to recover, Lord Ellenborough saying, " a party is not to cast himself upon an obstruction which has been made by the fault of another,...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."*... | |
| |
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. 
