 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 páginas
...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 páginas
...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,...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 dispense... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 páginas
...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...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 considered... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 páginas
...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... | |
 | Joseph Kinnicut Angell - 1849 - 808 páginas
...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...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 to say,... | |
 | Joseph Kinnicut Angell - 1851 - 836 páginas
...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...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 to say,... | |
 | James Lees - 1851 - 478 páginas
...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 páginas
...recklessness 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...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 must... | |
 | Theodore Sedgwick - 1852 - 722 páginas
...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...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 dispense... | |
 | United States. Supreme Court - 1852 - 668 páginas
...will dispense with the exercise of ordinary care and caution in the other. A man is not at liberty to cast himself upon an obstruction which has been...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... | |
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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. 
