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Butterfield v. Forrester

King's Bench

103 Eng. Rep. 926 (K.B. 1809)

Relevant factsFree

Forrester (defendant), while repairing his house, placed a pole across a public road that partially, but visibly, obstructed it — visible from 100 yards to anyone exercising ordinary care. That evening, Butterfield (plaintiff) rode his horse extremely hard down the road after leaving a public house, failed to see the obstruction because of his reckless riding, crashed into it, and was severely injured. A jury found Butterfield had not exercised ordinary care, ruling for Forrester, and Butterfield appealed.

IssueFree

Whether a plaintiff who fails to exercise ordinary care in avoiding an obstruction created by a defendant may fully recover against the defendant for resulting damages.

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