Butterfield v. Forrester

Facts

• The defendant had negligently placed an obstruction (a pole) across part of a public road. The plaintiff, riding his horse at a fast pace and without reasonable care for his own safety, failed to observe the obstruction in time. He collided with it and was injured. He sued the defendant for negligence.

Issue

1. Whether a plaintiff whose own negligence contributed to an accident can recover damages from a defendant whose negligence also contributed.

Held

• The plaintiff's own negligence, in failing to exercise reasonable care for his own safety, contributed to the accident. Since this contributory negligence existed, the plaintiff was barred from recovering any damages at all, regardless of the defendant's own negligence in leaving the obstruction. This established the historical all-or-nothing rule for contributory negligence.

Ratio Decidendi

At common law, any degree of contributory negligence by the plaintiff, however comparatively minor relative to the defendant's own fault, operated as a complete bar to recovery. This harsh rule was subsequently superseded by modern comparative fault statutory reform.