Coggs v. Bernard
Brief

View this case and other resources at: Citation. 92 Eng. Rep. 107 (K.B. 1703). Brief Fact Summary. Coggs (Defendant) moved casks of brandy owned by Bernard (Plaintiff) from one place to another. Through Defendant's negligence, some of the casks were broken, and a large amount of brandy was lost. Plaintiff sued Defendant for the amount of brandy lost. Synopsis of Rule of Law. Any man who undertakes to do an act is liable to an action if because of his neglect, damage occurs. ...

Montgomery v. National Convoy & Trucking Co
Brief

View this case and other resources at: Citation. 186 S.C. 167, 195 S.E. 247, 1938 S.C. Brief Fact Summary. Without their fault, National Convey & Trucking Co.'s (Defendant) truck stalled on an icy highway, blocking the road completely. Plaintiff's car crashed into Defendant's truck. Plaintiff sued Defendant for Defendant's negligence in failing to warn of the danger he had created in a manner that would have been effective. Synopsis of Rule of Law. One may be negligent by acts of omission as well as of commission, and liability will therefore attach if the act or omissio ...

Robert Addie & Sons (Collieries), Ltd. v. Dumbreck
Brief

View this case and other resources at: Citation. 2010 U.S. Dist. Brief Fact Summary. Dumbreck's son entered Robert Addie & Sons Ltd.'s (Defendant's) land, and was killed by Defendant's haulage system. Synopsis of Rule of Law. The trespasser comes onto Defendant's premises at his own risk. Defendant is liable only when the injury is due to some willful act involving something more than the absence of reasonable care. ...

Buch v. Amory Manufacturing Co
Brief

View this case and other resources at: Citation. 69 N.H. 257, 44 A. 809, 1897 N.H. Brief Fact Summary. Plaintiff, who was eight-years-old, trespassed in Defendant's mill. Plaintiff's hand was crushed in a machine. Synopsis of Rule of Law. An owner of land owes a trespasser a duty to abstain from any other or further intentional or negligent acts of personal violence. Owners are not bound to warn trespassers of hidden or secret dangers. ...

Hurley v. Eddingfield
Brief

View this case and other resources at: Citation. 156 Ind. 416, 59 N.E. 1058, 1901 Ind. Brief Fact Summary. Plaintiff was in dire need of medical attention and he called upon Defendant, his family doctor, to help him. For no reason, Defendant refused. Plaintiff died. Synopsis of Rule of Law. Licensed doctors are not obligated to accept all patients who are in dire need of medical attention. There is no affirmative duty to be a good citizen and help others in peril if you have not caused their predicament. ...

Mitchell v. Rochester Railway
Brief

View this case and other resources at: Citation. ...

Dillon v. Legg
Brief

View this case and other resources at: Citation. 68 Cal. 2d 728 Brief Fact Summary. While driving his car, Defendant stuck and killed Dillon, a child as she was crossing a public street. Plaintiffs sued for negligent infliction of emotional distress. Synopsis of Rule of Law. Plaintiff can recover for negligent infliction of emotional distress even if he is not within the "zone of danger." ...

Palsgraf v. Long Island R.R
Brief

View this case and other resources at: Citation. 248 N.Y. 339, 162 N.E. 99 (1928) Brief Fact Summary. Defendant helped to push a man aboard a train. The man's package fell. Inside were firecrackers, which exploded causing some scales to fall and injure Plaintiff Synopsis of Rule of Law. Chief Justice Cardozo, writing for the majority held that negligence is based on the foreseeability of the harm between the parties. Justice Andrews, writing for the minority stated that each person owes an absolute duty of care; i.e. each person must refrain from acts (foreseeable or not) ...

Marshall v. Nugent
Brief

View this case and other resources at: Citation. 222 F.2d 604, 1955 U.S. App. 4810, 58 A.L.R.2d 251. Brief Fact Summary. Defendant's truck ran Plaintiff's car off the road. Defendant stopped to help Plaintiff and told him to direct traffic. Another car stuck Plaintiff while attempting to avoid hitting Defendant's truck. Synopsis of Rule of Law. Any extra risk created by a negligent tortfeasor is the proximate cause of Plaintiff's injuries if it is reasonably foreseeable. ...

Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. 1))
Brief

View this case and other resources at: Citation. [1961] A.C. 388 (P.C. Aust.). Brief Fact Summary. Defendants carelessly discharged oil from their ship. Oil was carried by the wind and tide to Plaintiff's wharf, which was destroyed by fire. Such damage could not have been foreseen. Synopsis of Rule of Law. Defendant is not liable for the damage solely because it directly resulted from his negligent act. The rule in Polemis is overturned. ...

Wagner v. International Ry. Co
Brief

View this case and other resources at: Citation. 232 N.Y. 176, 133 N.E. 437,1921 N.Y. 490, 19 A.L.R. 1. Brief Fact Summary. As International Ry. Co.'s (Defendant's) train turned a curve, a violent lurch threw Plaintiff's cousin out of the car. Wagner (Plaintiff) got out and walked 445 feet until he arrived at the bridge where he thought he would find his cousin's body. Plaintiff lost his footing in the dark, fell from the structure, and was injured. Synopsis of Rule of Law. A tortfeasor is liable to all those who are injured in a reasonable rescue attempt. A tortfeasor will ...

In re Polemis & Furness, Withy & Co
Brief

View this case and other resources at: Citation. [1921] 3 K.B. 560. Brief Fact Summary. Furness chartered the Polemis to carry a cargo of petrol and benzene. While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, which eventually destroyed the ship. The falling of the blank was due to Defendant's negligence. Synopsis of Rule of Law. If the negligent act would or might probably cause damage, the fact that the damage it in facts causes is not the exact kind of damage one would expect is immaterial, so long as the damage is in fact directly t ...

Berry v. Sugar Notch Borough
Brief

View this case and other resources at: Citation. 191 Pa. 345, 43 A. 240, 1899 Pa.. Brief Fact Summary. Berry (Plaintiff) was going faster than eight miles per hour, in violation of a statute. A gust of wind blew a tree on top of his car. Plaintiff sued Defendant to recover damages for trespass for personal injuries. Synopsis of Rule of Law. To impose liability based on the violation of a statute, the violation must be the cause of the injury sustained, and not some mere coincidence. ...

Brower v. New York Central & H.R.R
Brief

View this case and other resources at: Citation. 91 N.J.L. 190, 103 A. 166, 1918 N.J. 155, 1 A.L.R. 734. Brief Fact Summary. New York Central & R.R.'s (Defendant's) train hit Browe's (Plaintiff's) wagon. Plaintiff was still confused from the accident, while third parties stole his goods. Plaintiff sued Defendant for damages resulting from the accident and sought recovery for the stolen goods. Synopsis of Rule of Law. The acts of a third party do not affect the liability of the original wrongdoer if the act should have been reasonably foreseen. ...

Ryan v. New York Central R.R
Brief

View this case and other resources at: Citation. 35 N.Y. 210, 1866 N.Y. 86. Brief Fact Summary. New York Central R.R.'s (Defendant's) woodshed was set on fire either by carelessness or by a defect in one of its engines. Plaintiff's house was 130 feet from the shed. It was consumed in the fire despite diligent efforts to save it. Synopsis of Rule of Law. Every person is liable for the consequences of his own acts. He is liable for damages for the proximate results of his own acts, but not for remote damages. ...

Herskovits v. Group Health Cooperative
Brief

View this case and other resources at: Citation. 99 Wn.2d 609, 664 P.2d 474, 1983 Wash. 1564. Brief Fact Summary. Group Health Cooperative's (Defendant's) failure to diagnosis Herskovits (Plaintiff) with cancer caused a 14% reduction in Plaintiff's chance for survival. Plaintiff, at all times, had less than a 50% chance of survival. Plaintiff sought damages from Defendant. Synopsis of Rule of Law. Medical testimony of a reduction of the chance of survival from 39 % to 25% is sufficient evidence to allow the issue of proximate cause to go to the jury. ...

Kingston v. Chicago & N.W. Ry
Brief

View this case and other resources at: Citation. 191 Wis. 610, 211 N.W. 913,1927 Wisc. 108. Brief Fact Summary. Two fires were the proximate cause of the destruction of Plaintiff's land. Chicago & N.W. Ry. (Defendant) negligently set one of the fires, therefore, Plaintiff sued Defendant for negligence. Synopsis of Rule of Law. Any one of two or more joint tortfeasors, or one of two or more wrongdoers whose concurring acts of negligence result in injury, are each individually responsible for the entire damage resulting from their joint or concurrent acts of negligence. ...

Summers v. Tice
Brief

View this case and other resources at: Citation. 33 Cal.2d 80, 199 P.2d 1 (1948) Brief Fact Summary. Charles A. Summers (Plaintiff) was struck in the eye and lip by shots from one or both of Defendants' guns. There was no way to determine whose bullet struck the Plaintiff. The trial court held that both Defendants were liable to Plaintiff. Synopsis of Rule of Law. If two defendants cause damage that either one would be liable for, then both defendants will be held liable if it cannot be easily determined which defendant was the cause in fact of the injury. ...

Zuchowicz v. United States
Brief

View this case and other resources at: Citation. 140 F.3d 381, 1998 U.S. App. 5366. Brief Fact Summary. Ms. Zuchowicz (Plaintiff) took an overdose of the drug, Danocrine because of the erroneous directions of a prescription. Plaintiff brought suit against the United States (Defendant) under the Federal Tort Claims Act. Synopsis of Rule of Law. If (a) a negligent act was deemed wrong because the act increase the chances that a particular type of accident would occur; and (b) a mishap of that very sort did happen, this is enough to support a finding by a tier of fact that the ...

General Electric Co. v. Joiner
Brief

View this case and other resources at: Citation. 522 U.S. 136, 118 S. Ct. 512, 139 L. Ed. 2d 508, 1997 U.S. 7503. Brief Fact Summary. Joiner (Plaintiff) was exposed to PCBs and diagnosed with cancer. PCBs are dangerous to human health. Plaintiff sued General Electric Co. (Defendant) for "promoting" his cancer. Synopsis of Rule of Law. Abuse of discretion is the proper standard of review of a district court's evidentiary ruling, i.e. did the district court abuse its discretion in granting Defendant's Motion for Summary Judgment? ...

Petrovich v. Share Health Plan of Illinois, Inc
Brief

View this case and other resources at: Citation. 188 Ill. 2d 17, 719 N.E.2d 756, 1999 Ill. Brief Fact Summary. Plaintiff died from tongue cancer. She alleged that Dr. Kowalski, and thus her HMO, Share Health Plan of Illinois, Inc. (Defendant) under the theory of vicarious liability, was negligent and tardy in diagnosing her aliment. However, her doctor is not an employee of Defendant, but rather an independent contractor. Synopsis of Rule of Law. As a general rule, no vicarious liability exists for the actions of independent contractors. Vicarious liability may nevertheless ...

New York Central R.R. v. Grimstad
Brief

View this case and other resources at: Citation. 264 F. 334, 1920 U.S. App. 1261. Brief Fact Summary. Plaintiff drowned when he fell into the water from the deck of a barge. Plaintiff sued Defendant, the barge owner, for negligence in failing to equip the barge with life-preserving jackets. Synopsis of Rule of Law. To be liable for negligence the cause of the accident must be more than pure conjecture and speculation. It must be the cause in fact of the injury. ...

McDermott, Inc. v. AmClyde & River Don Castings, Ltd
Brief

View this case and other resources at: Citation. 511 U.S. 202, 114 S. Ct. 1461,128 L. Ed. 2d 148, 1994 U.S. Brief Fact Summary. Plaintiff was injured in a construction accident. Some of the defendants settled, but two did not. The jury assessed Plaintiff's loss at $2,100,000, and the court decided how to divide an appropriate damage award against the two non-settling Defendants. Synopsis of Rule of Law. The liability of non-settling defendants is calculated by the jury's determination of proportionate responsibility, not by giving the non-settling defendants a credit for th ...

Union Stock Yards Co. of Omaha v. Chicago, Burlington, & Quincy R.R
Brief

View this case and other resources at: Citation. 196 U.S. 217, 25 S. Ct. 226, 49 L. Ed. 453; 1905 U.S. Brief Fact Summary. The employee of Union Stock Yards Co. of Omaha (Plaintiff) was injured because Plaintiff and Chicago, Burlington, & Quincy R.R. (Defendant) negligently failed to inspect a defective railroad car. Plaintiff paid damages to the employee. Plaintiff then sought to recover these paid damages from Defendant in a suit of contribution. Synopsis of Rule of Law. When two parties, acting together, commit an illegal or wrongful act, the party that is held resp ...

American Motorcycle Associations v. Superior Court
Brief

View this case and other resources at: Citation. 20 Cal.3d 578, 146 Cal.Rptr. 182, 578 P.2d 899 (1978) Brief Fact Summary. Glen Gregos (Plaintiff) was injured at a motorcycle race, which was operated by American Motorcycle Associations. Synopsis of Rule of Law. A concurrent tortfeasor may seek partial indemnity from another concurrent tortfeasor on a comparative fault basis. ...