United States v. Carroll Towing Co
Brief

View this case and other resources at: Citation. 160 F.2d 482 (2d Cir. 1947) Brief Fact Summary. Plaintiff's barge broke away from Defendant's tugboat and started to leak after it was swept away into the propeller of a tanker. The issue before the court was the contributory negligence of Plaintiff. Synopsis of Rule of Law. When the magnitude of the risk exceeds the utility of the conduct, there is a duty of care to protect others from harm. ...

Blyth v. Birmingham Water Works
Brief

View this case and other resources at: Citation. 156 Eng. Rep. 1047 (Ex.1856). Brief Fact Summary. Blyth's (Plaintiff's) house was flooded with water, because of a plug that was frozen over during one of the most severe storms in recent history. Synopsis of Rule of Law. In a claim of negligence, the issue of duty is a question of law, not properly left for the determination of a jury. It would be monstrous to hold Defendant's responsible because they did not foresee and prevent an obscure accident that was not discovered until many months thereafter. ...

Eckert v. Long Island R.R
Brief

View this case and other resources at: Citation. 43 N.Y. 502, 1871 N.Y. Brief Fact Summary. Plaintiff was hit and killed by Long Island R.R.'s (Defendant's) train in an attempt to rescue a child who was on the train tracks. Defendant moved for a nonsuit upon the ground that Plaintiff's negligence contributed to the injury. Synopsis of Rule of Law. Negligence implies some act of commission or omission wrongful in itself. Plaintiff will not be held to be negligent in rescuing a child. ...

Fletcher v. City of Aberdeen
Brief

View this case and other resources at: Citation. 54 Wn.2d 174, 338 P.2d 743, 1959 Wash. Brief Fact Summary. Fletcher (Plaintiff), a blind man, fell into a ditch excavated by the City of Aberdeen (Defendant). Defendant failed to provide proper barricades up at the time Plaintiff fell. Plaintiff sued Defendant for negligence. Synopsis of Rule of Law. The duty of maintaining the sidewalks and adjacent parking strips is a continuing one. A city is obligated to afford that degree of protection, which would bring notice to a person with a physical disability, the danger being enco ...

Robinson v. Pioche, Bayerque & Co
Brief

View this case and other resources at: Citation. 5 Cal. 460, 1855 Cal. Brief Fact Summary. Action for damages sustained by Plaintiff who was drunk and fell into an uncovered hole, dug in the sidewalk in front of Defendant's premises. Synopsis of Rule of Law. The gross negligence of Defendant in leaving an uncovered hole on the sidewalk of a public street will not be excused by Plaintiff's contributory negligence. ...

Denver & Rio Grande R.R. v. Peterson
Brief

View this case and other resources at: Citation. 30 Colo. 77, 69 P. 578, 1902 Colo. Brief Fact Summary. The facts are not revealed in the casebook. Synopsis of Rule of Law. The care required of a warehouse man is the same, whether he be rich or poor. ...

Daniels v. Evans
Brief

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

Breunig v. American Family Insurance Co
Brief

View this case and other resources at: Citation. 45 Wis. 2d 536, 173 N.W.2d 619 (1970) Brief Fact Summary. Erma Veith, an insured of American Family Insurance Company (Defendant), became involved in an automobile accident with (Plaintiff) when she was suddenly seized with a mental delusion. The jury awarded Defendant $7,000 in damages. Synopsis of Rule of Law. Not all types of insanity are a defense to a charge of negligence. ...

Vaughan v. Menlove
Brief

View this case and other resources at: Citation. 132 Eng. Rep. 490 (C.P. 1837). Brief Fact Summary. Defendant's rick of hay burst into flames after several repeated warnings of the possibility of fire. Plaintiff's neighboring cottages were consumed in the fire. Plaintiff sued Defendant for gross negligence. Synopsis of Rule of Law. In assessing Defendant's liability under a theory of gross negligence, Defendant is bound to proceed with such reasonable caution as a prudent man would have exercised under similar circumstances. ...

Roberts v. Ring
Brief

View this case and other resources at: Citation. 58 U.S. 147, 15 L. Ed. 25, 1854 U.S. Brief Fact Summary. Ring (Defendant), seventy-seven years old, hit Roberts (Plaintiff), seven-years old, with his car. Plaintiff sued Defendant for negligence. Defendant claimed contributory negligence. Synopsis of Rule of Law. In considering the negligence of a seven-year-old boy, the standard of care, is the degree of care commonly exercised by the ordinary boy of his age and maturity. ...

Stone v. Bolton
Brief

View this case and other resources at: Citation. 108 Fed. Appx. 548, 2004 U.S. App. Brief Fact Summary. Stone (Plaintiff) was struck in the head by cricket ball from Defendant's cricket club. Plaintiff sued Defendant for public nuisance and negligence. Synopsis of Rule of Law. Plaintiff's injury was caused by a reasonably foreseeable risk and Defendant is liable for damages since he had a duty to take reasonable measures to prevent it. ...

Bolton v. Stone
Brief

View this case and other resources at: Citation. 108 Fed. Appx. 548, 2004 U.S. App Brief Fact Summary. Plaintiff was struck in the head by a cricket ball from Defendant's cricket club. Plaintiff sued Defendant for public nuisance and negligence. Synopsis of Rule of Law. The test to be applied here is whether the risk of damage to a person on the road was so small that a reasonable man in the position of the Defendant, considering the matter from the point of view of safety, would have thought it right to refrain from taking steps to prevent danger. ...

Hammontree v. Jenner
Brief

View this case and other resources at: Citation. 20 Cal. App. 3d 528, 97 Cal. Rptr. 739,1971 Cal. App. Brief Fact Summary. Jenner (Defendant) had an elliptic seizure while driving his car and crashed into Plaintiff's store causing personal injuries and property damage. Plaintiff sued in negligence and absolute liability. The court refused to impose absolute liability. Synopsis of Rule of Law. Liability of a driver, suddenly stricken by an illness rendering him unconscious, for injury resulting from an accident occurring during that time rests on principles of negligence. ...

Brown v. Collins
Brief

View this case and other resources at: Citation. 541 U.S. 948, 124 S. Ct. 1684 158 L. Ed. 2d 377 2004 U.S. Brief Fact Summary. Collins (Defendant) unintentionally and without fault entered and damaged Brown (Plaintiff) land when his horses became frightened. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. The distinction made between natural and unnatural use of land is not established in the law. The rule in Rylands v. Fletcher would impose penalty upon efforts made in a reasonable, skillful, and careful manner. ...

Powell v. Fall
Brief

View this case and other resources at: Citation. 290 F.3d 620, 2002 U.S. App. Brief Fact Summary. Powell (Plaintiff) sued Defendant to recover damages for an injury caused by sparks escaping from the fire of a traction engine. Synopsis of Rule of Law. Defendant is liable to Plaintiff for damages done to Plaintiff's land caused by Defendant's dangerous acts, even if Defendant is not negligent. ...

Fletcher v. Rylands
Brief

View this case and other resources at: Citation. 159 ER 737, Volume 159 Brief Fact Summary. Water from Defendant's reservoir escaped onto Plaintiff's land because of an unknown latent defect in Defendant's subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. This action is maintainable on the plain ground that Defendant has caused water to flow into Plaintiff's land. ...

Rylands v. Fletcher
Brief

View this case and other resources at: Citation. 24 Nev. 251, 52 P. 274, 1898 Nev. Brief Fact Summary. Water from Defendant's reservoir escaped onto Plaintiff's land because of an unknown latent defect in Defendant's subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. One who lawfully brings something onto his land, which though harmless while it remains there will naturally do mischief if it escapes the land, will be strictly liable for its escape. ...

Scott v. Shepherd
Brief

View this case and other resources at: Citation. 484 U.S. 940 108 S. Ct. 323 98 L. Ed. 2d 351 1987 U.S. Brief Fact Summary. Shepard (Defendant) threw a lighted squib into a crowded marketplace. As a result, two other patrons threw the squib until it struck Scott (Plaintiff) in the face, injuring him. Plaintiff sued Defendant for trespass and assault. Synopsis of Rule of Law. Everyone who does an unlawful act is considered as the doer of all that follows. ...

Brown v. Kendall
Brief

View this case and other resources at: Citation. 2010 U.S. App. Brief Fact Summary. Defendant accidentally struck Plaintiff in an attempt to separate fighting dogs. Plaintiff sued Defendant in an action of trespass for assault and battery. Synopsis of Rule of Law. If the injury was unavoidable, and the conduct of Defendant was free from blame, he will not be liable. ...

The Thorns Case
Brief

View this case and other resources at: Citation. Y.B. Mich. 6 Ed. 4, f. 7, pl. 18 (1466). Brief Fact Summary. Defendant cut thorns from a hedge. These thorns landed on Plaintiff's land and Defendant entered Plaintiff's land to retrieve them. Plaintiff brought suit for trespass. Synopsis of Rule of Law. If one does harm to the person or property of another, he is liable for the damage he causes even if it is an unintentional, lawful act that has caused the damage. ...

Weaver v. Ward
Brief

View this case and other resources at: Citation.535 U.S. 1058 122 S. Ct. 1920 152 L. Ed. 2d 828 2002 U.S. Brief Fact Summary. Ward (Defendant) and Weaver (Plaintiff), both soldiers, were skirmishing with muskets when Defendant's musket accidentally fired, injuring Plaintiff. Plaintiff brought an action of trespass of assault and battery against Defendant. Synopsis of Rule of Law. An inevitable accident is a defense to trespass. ...

Bird v. Jones
Brief

View this case and other resources at: Citation. 513 U.S. 1041 115 S. Ct. 635 130 L. Ed. 2d 540, 1994 U.S. Brief Fact Summary. Jones (Defendant) prohibited Bird (Plaintiff) from moving in the direction he wished to go. Plaintiff was free to remain where he was, or move in any other direction but the one direction obstructed by Defendant. Plaintiff sued Defendant for false imprisonment. Synopsis of Rule of Law. A prison may have boundaries that are large or narrow, visible or tangible, moveable or fixed, but it must have some boundary. ...

Coblyn v. Kennedy’s Inc
Brief

View this case and other resources at: Citation. 359 Mass. 319, 268 N.E.2d 860, 1971 Mass. Brief Fact Summary. After shopping in Kennedy's Inc.'s (Defendant's) store, Coblyn (Plaintiff) was leaving when Defendant stopped him. Defendant thought Plaintiff was attempting to steal an ascot. Plaintiff was hospitalized and sued Defendant for false imprisonment. Synopsis of Rule of Law. Any demonstration of physical power, which, to all appearances, can be avoided only by submission, operates as a false imprisonment. Defendant has a privilege to detain Plaintiff if done in a reason ...

Wilkinson v. Downton
Brief

View this case and other resources at: Citation. [1897] 2 Q.B. 57. Brief Fact Summary. As a practical joke, Defendant told Plaintiff that her husband was injured in an accident and broke both of his legs. In hearing the news, Plaintiff experienced a violent shock to her nervous system. The jury awarded Plaintiff ...

I. de S. and Wife v. W. de S
Brief

View this case and other resources at: Citation. At the Assizes, coram Thorpe, C.J., 1348 [or 1349] Year Book, Liber Assisarum, folio 99, placitum 60. Brief Fact Summary. After Defendant struck the door of Plaintiff's tavern with a hatchet, Plaintiff told Defendant to stop. Defendant saw Plaintiff and struck the door with the hatchet again, but he did not hit Plaintiff. Plaintiff sued Defendant for assault. Synopsis of Rule of Law. The tort of assault does not require physical contact. ...