 | United States. Supreme Court - 1885 - 1072 Seiten
...impunity. Persons navigating the seas or lakes have no right to cast themselves upon such vessels, as upon an obstruction which has been made by the fault of another, and then, avail themselves of it for any defensive purpose, unless they show that they, themselves, used... | |
 | 1886 - 862 Seiten
...responsible for the mischievous consequences resulting from such exposure. It was said by Lord Ellenborough that "a party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right:" Butterftdd v. Forrester, 11 East, 60. The case in which the rule of law was thus stated has often been... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 Seiten
...and concludes thus: "In Jlutterfield agt. Forrester (11 East, 60) lord ELLENBOROUQH, 0. J., said : ' A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right.' These principles are quite familiar and could be sustained, if necessary, by an extensive citation... | |
 | 1886 - 1066 Seiten
...brevity, but enunciates the principle underlying all subsequent cases on the subject, and is as follows : "A party is not to cast himself upon an obstruction...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... | |
 | 1895 - 1132 Seiten
...reprehensible conduct in obstructing the street with its cars beyond the time allowed by the city ordinance." "A party is not to cast himself upon an obstruction...the fault of another, and avail himself of It, if he does not himself use common and ordinary care to be in the right » * * One person being in fault will... | |
 | 1886 - 988 Seiten
...brevity, but enunciates the principle underlying all subsequent cases on the subject, and is as follows : "A party is not to cast himself upon an obstruction which has been made by the fault of another, anil avail himself of it, if he do not himself use common and ordinary caution to be in the right.... | |
 | 1891 - 1250 Seiten
...penalty for such conduct; but, if It did not, this would furnish no excuse for the act of the plaintiff. "A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right. • • * One person being in fault will not dispense with another's using ordinary care for himself.... | |
 | 1907 - 728 Seiten
...Ellenborough in Butterfield v. Forrester says, " a party is not to cast himself upon an obstruction made by the fault of another and avail himself of it, if he do not himself use ordinary and imminent, but it is not negligent because \oIuaMry. By contributor)- negligence a plaintiff... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 680 Seiten
...footsteps of her friend. The statement of Lord ELLENBOROUGH in Butterfield v. Forrester, 11 East, 60, that "A party is not to cast himself upon an obstruction...use common and ordinary caution to be in the right," was hardly less applicable to the case in which it was made than to the one under consideration. "... | |
 | 1891 - 1250 Seiten
...excuse for the act of the plaintiff. "A party is not to cast himself upon an obstruction which bas been made by the fault of another, and avail himself...use common and ordinary caution to be in the right. • • • One person being in fault will not dispense with another's using ordinary care for himself.... | |
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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. 
