Home > B > Butterfield v. Forrester
Butterfield v. Forrester, 11 East. 60 (K.B. 1809). Plaintiff was violently riding his horse and he hit a pole that was negligently set up by the Defendant. During trial, a witness testified that Plaintiff would have seen and avoided the pole had he been riding the horse carefully. The issue facing the Court was whether Plaintiff can recover for his injuries from Defendant. The Court ruled in the negative. The Court reasoned that a person being in fault will not dispense with another’s using ordinary care for himself. Thus, the Court held that Plaintiff could not recover for Defendant’s negligence when he was negligent himself and could have avoided the injuries to him had he been more careful.
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