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Torts Keyed to Underwood
Butterfield v. Forrester
Citation:103 Eng. Rep. 926 (1809)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The defendant, for the purpose of making some repairs to his house, which was close to a public roadway, put up a pole across part of the road. However, a portion of the road was uninhibited, allowing for free passage. There was enough light to discern the obstruction at 100 yards distance. Despite this, the plaintiff, who was riding his horse, fell against the pole and was injured. A witness testified that the plaintiff was riding violently at the time he ran into the pole.
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