Penn State Law Review Volume 16

Penn State Law Review Volume 16

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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. 1911 edition. Excerpt: ...liquor by the defendant the proximate cause of the accident? In Roach v. Kelly, 194 Pa. 24, it was held: "A man is answerable for the consequences of a fault only so far as the same are natural, and proximate, and may, on this account, be foreseen by ordinary forecast, and not those which arise from a conjunction of his fault with other circumstances of an extraordinary nature." Bradford v. Boley, 167 Pa. 506. The Court in Davis v. McKnight; 146 Pa., 610, said: '!It is not easy in a case, to trace with absolute certainty the death to its proximate cause; but the liquor was undoubtedly the proximate cause of his falling into the gutter and the consequent exposure, and it was for the jury to find, whether the attack of pneumonia was the result of the exposure; in other words, a continuous causation from the furnishing of the liquor." This was a reasonable disposition to make of the case. The causal connection was shown, and the continuity of effect was traced through a succession of events. If this case were decided with such a liberal and fair-minded view, the plaintiff would rightly be non--suited. The defendant furnished liquor to an intoxicated man on the third of July, then all trace of the man is lost for a day, and in a day the average or ordinary man will become sober enough to be held responsible, and alone be liable for his acts. On the fourth of July the same man still drunk (how drunk?) runs over a child and kills it. Can it be said there is a causal connection between the giving of the liquor on the third and the running over of the child an the fourth? We think not, nor do we think the framers of the act intended that such elasticity should be read into its provisions. The act imposes no higher degree...show more

Product details

  • Paperback | 120 pages
  • 189 x 246 x 6mm | 227g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236989406
  • 9781236989406