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Butterfield
v. Forrester
11 East. 60 (K.B. 1809)
Author: Jim
Facts: ? had
negligently set up a pole across the road. ? was violently
riding his horse and collided with the pole that resulted in
severe injuries. Witness testified that ? would have seen the
pole if he was riding his horse carefully.
Issue: Can ? recover
for injuries?
Holding: No
Rationale: One
person being in fault will not dispense with another’s using
ordinary care for himself.
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