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Books Books 1 - 10 of 136 on A party is not to cast himself upon an obstruction which has been made by the fault....  
" 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. "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 132
by Massachusetts. Supreme Judicial Court - 1865
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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, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Thomas Lewis Edelen, Charles Cyrus Turner, Thomas Robert McBeath, T. M. Jones, Robert G. Higdon, Amos Hall Eblen - Law reports, digests, etc - 1909
...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

George Noble Stewart - Law reports, digests, etc - 1835
...plaintiff 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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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
...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...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...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (1st baron Tenterden) - Maritime law - 1846 - 1004 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
...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...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...
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A treatise on the law of carriers of goods and passengers, by land and by water

Joseph Kinnicut Angell, United States - Carriers - 1849 - 791 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...use common 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...
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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
...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, United States - Business & Economics - 1851 - 791 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...use common 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...
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A manual for shipmasters, letters

James Lees - 1851
...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 - Damages - 1852 - 650 pages
...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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