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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. "
Cases Argued and Determined in the Court of Common Pleas: With Tables of the ... - Seite 572
von Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841
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Reports of Civil and Criminal Cases Decided by the Court ..., Band 22;Band 129

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 Seiten
...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...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Band 3

Alabama. Supreme Court, George Noble Stewart - 1835 - 526 Seiten
...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...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 Seiten
...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...
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Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Band 8

Louisiana. Supreme Court, Merritt M. Robinson - 1847 - 724 Seiten
...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...considered to be 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...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 Seiten
...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...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...
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Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Band 3

Louisiana. Supreme Court - 1849 - 814 Seiten
...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...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 Seiten
...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...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...
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A manual for shipmasters, letters

James Lees - 1851 - 478 Seiten
...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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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1852 - 722 Seiten
...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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Reports of Cases Argued and Determined in the Court of Appeals of ..., Band 6

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1852 - 604 Seiten
...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 obstruction...use common and ordinary caution to be in the right. 206 Irwin vs. Sprigg. — 1847. " Two things must concur to support this action : an obstruction in...
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