 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...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 with another's using ordinary care for himself. That two things must concur, to support this action: an obstruction in the road, by the fault of the... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1114 pages
...fault of 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...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... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 724 pages
...fault of 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...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... | |
 | Georgia. Supreme Court - Equity - 1886 - 990 pages
...accurate language of Lord Ellenborough, in the»case of Butterfield vs. Forrester, 11 East, p. 60, "One person being in fault will not dispense with another's using ordinary care for himself." And in Bridge vs. Grand Junction Railway Company, 3 M. & W., 248, it is said, " The rule of law is... | |
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...the right. In cases," the learned Judge continued to say, " of persons riding upon what is considered the wrong side of the road, that would not authorize another purposely to ride up against them ; for one person being in default will not dispense with another's using ordinary care for himself."2... | |
 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...the right. In cases," the learned Judge continued to say, " of persons riding upon what is considered the wrong side of the road, that would not authorize another purposely to ride up against them ; for one person being in default will not dispense with another's using ordinary care for himself."... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...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 another's using ordinary care for himself. And, undoubtedly, if a state of facts had been shown in this case, arising out of the circumstances... | |
 | Electronic journals - 1855 - 804 pages
...fault of another, and avail himself of it, if he does not himself use common and ordinary caution to be in the right. In cases of persons riding upon what...authorize another purposely to ride up against them." In the case of Birge vs. Gardiner, 19 Conn. Eep. 507, where the defendant had set up a gate on his... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...negligence as would make him the wrongdoer. SC A man is not authorized purposely to ride up against persons riding upon what is considered to be the wrong side of the road. Op. in Butterfield v. Forrester, 11 East 60. 6. Whether action for defendant's negligence, may be defeated... | |
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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. 
