Torts Keyed to Dobbs
Butterfield v. Forrester
Facts
The Defendant had put up a pole across a public road for the purpose of making some repairs to his house. The Plaintiff, riding violently, did not see the pole and was thrown from his horse by the pole, injuring himself. A witness stated that if the Plaintiff had not been riding violently, he would have been able to see and avoid the pole. The judge directed the jury that if they found that a person riding with reasonable and ordinary care could have avoided the obstruction and if Plaintiff was not riding with ordinary care, the jury should find a verdict for the Defendant. The jury found for Defendant.
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