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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. "
Revue Du Barreau Canadien - Page 852
1923
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Reports of Civil and Criminal Cases Decided by the ..., Volume 22; Volume 129

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1909 - 952 pages
...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, Volume 3

Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...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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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 1

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1114 pages
...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 which...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...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...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 ..., Volume 8

Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 724 pages
...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 which...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...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...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 which...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 ..., Volume 3

Louisiana. Supreme Court - Law reports, digests, etc - 1849 - 814 pages
...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 which...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 - Business & Economics - 1851 - 836 pages
...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 which...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 pages
...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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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 6

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 1852 - 604 pages
...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 which...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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