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Torts Keyed to Prosser
Butterfield v. Forrester
Citation:11 East 59, 103 Eng.Rep. 926
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Forrester (defendant) was doing repairs on his home and placed a pole across part of the public road. One evening, Butterfield (plaintiff) left a public house, riding “very hard” and “violently” down the road. People were just beginning to light candles. However, there was enough light to discern Forrester’s obstruction from 100 yards away. Butterfield was riding too violently down the road to see the obstruction in time. Butterfield crashed into the pole, was thrown from his horse, and was injured. Butterfield sued Forrester for damages. The trial court found for Forrester, concluding that Butterfield did not ride with reasonable and ordinary care.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution