Butterfield v. Forrester

Butterfield v. Forrester - though Forrester was negligent ,...

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Cause of Action: Negligence – Contributory Negligence Title and Citation: Butterfield v. Forrester , 11 East. 60, (K.B. 1809) Identities of the Parties: PL Butterfield was riding on his horse when he hit something on the road that was left by D. Procedural History: Facts: Forrester was working on his house and left a large pole lying in the road. Butterfield came riding along on his horse and the horse tripped over the pole and fell causing PL to endure serious injuries. A witness state if the pl had not been riding so he would have observed the pole. There was no evidence the pl was intoxicated at the time. Issue: Whether the PL has a duty of care to avoid the negligent acts of the df? Holding and Rule: The Court found that if Butterfield had used ordinary care he would have been able to avoid the obstruction, therefore the accident was entirely his fault. Even
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Unformatted text preview: though Forrester was negligent , the accident would not have occurred without Butterfield's negligence . Both parties were therefore equally at fault for the accident. PL’s negligence was held to bar recovery. Court’s Reasoning: An obstruction left in the road by the fault of the D will not cause D to be totally liable if PL does not use ordinary care to avoid it. One person at fault will not dispense with the requirement that another person use ordinary car for himself. Riding a horse as fast as it could go through the streets, near dark is not the exercise of ordinary care. A person cannot ride upon a hazard and expect the other to be solely at fault when he shares in the fault. Judgment and Order: PL was contributory at fault with D so no recovery. Comments: Known as the first case that shows contributory negligence....
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This note was uploaded on 04/13/2008 for the course HISTORY 101 taught by Professor Jenkins during the Spring '08 term at Rutgers.

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