Case: Alleged Contributory Negligence in Road Accident

Facts of the Case:

• A wrongfully constructed a road by placing a pole across it, creating a hazardous condition.
• B, riding violently on the road during dusk, collided with the pole and suffered injuries.
• The pole was visible from a distance of 100 yards, providing some warning to approaching riders.

Issue in the Case:

• Can B sue A for damages, or is B’s own negligence a contributing factor that absolves A of liability?

Principle:

• Contributory negligence occurs when the plaintiff’s own negligence contributes to the damages or injuries suffered.
• To establish contributory negligence, it must be shown that the plaintiff failed to exercise reasonable care for their own safety and contributed to the harm caused.

Judgment:

• B cannot successfully sue A for damages due to contributory negligence.
• While A was negligent in wrongfully placing a pole across the road, B also displayed negligence by riding violently without due regard for his safety.
• Despite the pole being visible from a distance of 100 yards, B failed to take necessary precautions or avoid the obstacle.
• B had the opportunity to prevent the accident by exercising reasonable care and avoiding the pole, but his failure to do so contributed to the injuries sustained.
• As a result, B’s own negligence constitutes contributory negligence, absolving A of full liability for the damages.
• This case bears similarity to the precedent set in “Butterfield v. Forester,” where contributory negligence was established based on the plaintiff’s failure to exercise reasonable care.

Based on the principle of contributory negligence and the actions of both parties in the case, it is evident that B’s own negligence contributes to the damages suffered, thereby precluding his successful claim for damages against A.