Bar Bulletin Volume 9-15

Bar Bulletin Volume 9-15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...is entitled; such questions belong, therefore, to the law of damages. But where, as in actions based upon negligence, special damage is an essential element of the tort, the question as to whether the defendant's misconduct was the legal cause of the plaintiff's damage is a part of the substantive law of negligence. 9. Feddeck v. St. Louis Car C0. (1907) 125 Mo. App. 24, 32. 10. There is, however, a rule of legal cause occasionally laid down in early cases which, if followed literally, would hold a defendant liable quences are called remote in contradistinction to near or proximatel.1 consequences. While time and distance are always important elements in determining remoteness, they are by no means controlling. In Poeppers v. Missouri Kansas 9 Texas Ry. C0.,12 some sparks from a locomotive of the defendant set f'o-r'"remote or conjectural consequences. In Gilman v. Noyes (1876) 57 N. H. 627, the evidence tended to show that the defendant had left the plaintiffs bars down, whereby the plaintiffs sheep.had escaped from the pasture and had been destroyed by bears. The trial court instructed the jury that if the defendant left the plaintiffs bars down, and the sheep escaped in consequence of the bars being left down by the defendant, and would not have been killed but for the act of the defendant he was liable for their value. The appellate court held that this instruction was erroneous. Ladd, J., saying, "The sheep would not have been killed, the jury say, but for that (the defendant's) act; does it follow that the damage was not too remote? Certainly, I think, it does not. That one event would not have happened but for the happening of some other, anterior in point of time, doubtless goes somewhat in the...show more

Product details

  • Paperback | 168 pages
  • 189 x 246 x 9mm | 313g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236938178
  • 9781236938176