Butterfield (P) was riding at a high speed at approximately 8 pm at twilight and did not see the pole.
A witness testified that visibility was 100 yards away at the time of the accident and Butterfield might have seen and avoided the pole had he not been riding at such a high speed.
At trial, the judge instructed the jury that if an individual riding with reasonable care could have avoided the pole, and if the jury found that Butterfield had not used reasonable care, the verdict should be in Forrester's favour.
The court determined that the plaintiff had failed to use common and ordinary caution, and he was therefore barred from recovery.
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