Spur Industries, Inc. v. Del E. Webb Development Co
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Morgan v. High Penn Oil Co
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Winget v. Winn-Dixie Stores, Inc
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Philadelphia Electric Company v. Hercules, Inc
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Indiana Harbor Belt R.R. Co. v. American Cyanamid Co
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View this case and other resources at: Citation. 916 F.2d 1174 (7th Cir. 1990). Brief Fact Summary. The Defendant, American Cyanamid Co. (Defendant) manufactured a dangerous chemical, which was spilled during transportation. The Plaintiff, Indiana Harbor Belt R.R. Co. (Plaintiff) sued the Defendant, claiming that the transportation of the chemical was an abnormally dangerous activity. Synopsis of Rule of Law. The determination of whether an activity is abnormally dangerous depends on the application of several factors, including if accidents cannot be prevented by the exerci ...

Freehe v. Freehe
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View this case and other resources at: Citation. 81 Wn.2d 183, 500 P.2d 771,1972 Wash. Brief Fact Summary. The Plaintiff, Clifford Freehe (Plaintiff), was injured on a negligently maintained tractor owned by the Defendant, Hazel Knoblauch (Defendant), his wife. Plaintiff had no interest in the tractor or the farming operation. Plaintiff brought suit, Defendant claimed interspousal immunity. Synopsis of Rule of Law. The Supreme Court of Washington abandoned the interspousal immunity rule, allowing spouses to bring suit against one another in tort. ...

Winterstein v. Wilcom
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View this case and other resources at: Citation. 16 Md. App. 130, 293 A.2d 821 Brief Fact Summary. The Plaintiffs, Roland Winterstein (Winterstein) and his wife (Plaintiffs), was injured when his race car hit a cylinder head on the Defendant, Wilcom's (Defendant) racetrack. Winterstein had signed a release assuming all risks of injury. Plaintiffs sued for negligence. Synopsis of Rule of Law. Releases whereby a party assumes the risk of an activity are generally valid so long as they do not violate public policy. ...

Murphy v. Martin Oil Co
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View this case and other resources at: Citation. 56 Ill. 2d 423, 308 N.E.2d 583, 1974 Ill. Brief Fact Summary. The Plaintiff, Mrs. Murphy (Plaintiff), sued under both the Wrongful Death Statute and the Survival Statute for injuries sustained by her husband during a fire at the Defendant, Martin Oil Co.'s (Defendant) premises. Plaintiff's husband survived for nine days, then died from his injuries. Synopsis of Rule of Law. Damages for loss of property, loss of wages and the pain and suffering of a decedent are allowed under survival statutes when the decedent later dies from ...

Gryc v. Dayton-Hudson Corp
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View this case and other resources at: Citation. 297 N.W.2d 727, 1980 Minn. Brief Fact Summary. The Plaintiff, Lee Ann Gryc (Plaintiff), suffered severe burns when her pajamas were ignited by an electronic stove. The jury found that the Defendant Riegel Textile Corporation (Defendant), the manufacturer of the material the pajamas were made of, was liable and awarded Plaintiff both compensatory and punitive damages. Synopsis of Rule of Law. Punitive damages are an appropriate remedy both to punish past conduct and prevent future conduct when a defendant has demonstrated reckl ...

Kline v. 1500 Massachusetts Ave. Apartment Corp
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View this case and other resources at: Citation. 439 F.2d 477, 141 U.S. App. D.C. 370 1970 U.S. App. Brief Fact Summary. The Plaintiff, Kline (Plaintiff) a lessee of Defendant, 1500 Massachusetts Ave. Apartment Corp. (Defendant), was assaulted and robbed in a common hallway of Defendant's apartment. Defendant was on notice that assaults were occurring in the hallway, but nonetheless stopped employing a doorman. Plaintiff sued for injuries sustained. Synopsis of Rule of Law. Landlords have a duty to take steps to protect tenants from foreseeable criminal acts committed by thi ...

Whelan v. Van Natta
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View this case and other resources at: Citation. 382 S.W.2d 205, 1964 Ky. Brief Fact Summary. The Plaintiff, Whelan (Plaintiff), entered the Defendant, Van Natta's (Defendant) store, made a purchase and then asked if he could have a box. Defendant told Plaintiff to enter a back room to get the box. Plaintiff was injured when he fell into an unseen stair well in the unlit back room. Synopsis of Rule of Law. A land possessor is only subject to the liability of another as an invitee for harm sustained while he is on the land within the scope of his invitation. ...

Sheehan v. St. Paul & Duluth Ry. Co
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View this case and other resources at: Citation. 76 F. 201, 1896 U.S. App. Brief Fact Summary. The Plaintiff, Sheehan (Plaintiff), was trespassing upon the Defendant, St. Paul & Duluth Ry. Co.'s (Defendant) railway, when Plaintiff's foot became stuck. Defendant's train crew did not see Plaintiff until it was too late to stop the train and Plaintiff was injured. Synopsis of Rule of Law. Railroad companies are under a constant and strict duty of care to individuals at railway crossings, but are not bound to any act or service in anticipation of trespassers at other points ...

Taylor v. Olsen
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Daley v. LaCroix
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View this case and other resources at: Citation. 384 Mich. 4, 179 N.W.2d 390, 1970 Mich. Brief Fact Summary. The Defendant, LaCroix (Defendant), wrecked his car shearing off a utility pole and creating an electrical explosion at the Plaintiffs, the Daleys' house (Plaintiffs). Plaintiffs claimed, in addition to property damage, that two family members suffered severe emotional disturbance as a result of the accident. The trial court granted a directed verdict on the ground that Michigan law denies recovery for emotional disturbance without a showing of physical impact. Synopsi ...

Tarasoff v. Regents of University of California
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View this case and other resources at: Citation. 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14, 1976 Cal. Brief Fact Summary. Posenjit Poddar (Mr. Poddar), the patient of the Defendants, four psychiatrists (Defendants), threatened to kill the Plaintiffs, Mr. and Mrs. Tarasoff's (Plaintiffs) daughter, Tatiana Tarasoff (Tatiana). Mr. Poddar was briefly detained, but then released. Mr. Poddar did in fact kill Tatiana. The Plaintiffs filed suit claiming that Defendants should be liable for Tatiana's death because they failed to warn her or them about the patient's threat. Synop ...

State of Louisiana ex rel. Guste v. M/V Testbank
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View this case and other resources at: Citation. 752 F.2d 1019, cert. denied, 477 U.S. 903 (5th Cir.1985). Brief Fact Summary. Two ships collided, causing toxic chemicals to be released into the environment and causing the United States Coast Guard (Coast Guard) to close a Mississippi River outlet. Numerous lawsuits were filed by those affected by the closing of the outlet. The district court granted a motion for summary judgment on all claims for economic loss unaccompanied by physical damage to property. Synopsis of Rule of Law. The majority rule does not allow recovery ...

Clagett v. Dacy
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View this case and other resources at: Citation. 47 Md. App. 23, 420 A.2d 1285, 1980 Md. App. Brief Fact Summary. The Appellants, were high bidders on a piece of property (Appellants). However, the sale of the property failed due to improper procedures by the Appellees, two attorneys (Appellees). The debtor regained the property and Appellants sued the Appellees for losses incurred due to the Appellees' failure to exercise care and diligence in the sale. The trial court sustained a demurrer by the Appellees, finding that no such duty existed. Synopsis of Rule of Law. A plain ...

Cox v. Pearl Investment Co
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View this case and other resources at: Citation. 168 Colo. 67, 450 P.2d 60 (1969). Brief Fact Summary. The Plaintiffs, Mr. and Mrs. Fox (Plaintiffs) sued the Defendant, Pearl Investment Company, (Defendant) for injuries sustained when Mrs. Cox fell on property owned by Defendant. At trial, it was shown that the tenant of the property had paid the Plaintiffs in exchange for a covenant not to sue. The trial court found in favor of the Defendant on a summary judgment motion based on the covenant not to sue. Synopsis of Rule of Law. The court will look to the intent of the parti ...

Overseas Tankship v. Morts Dock & Engineering Co., Ltd. “Wagon Mound No. 1″
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View this case and other resources at: Citation. Privy Council, 1961. Brief Fact Summary. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff's wharf. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. Synopsis of Rule of Law. The natural consequences rule is overruled and reasonable foreseeability test is adopted. ...

Ryan v. New York Central R.R. Co
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View this case and other resources at: Citation. 91 Am.Dec. 49 Brief Fact Summary. Due to the Defendant, New York Central R.R. Co.'s (Defendant) negligence, a fire started in a populated area and spread to the Plaintiff, Ryan's (Plaintiff) home, destroying it and several other properties. Synopsis of Rule of Law. Parties are not liable for the remote results of their negligence, only the proximate consequences. ...

Anderson v. Minneapolis, St. P. & S.St. M. R.R. Co
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View this case and other resources at: Citation. 146 Minn. 430, 179 N.W. 45, 1920 Minn. Brief Fact Summary. A forest fire resulted in the destruction of the Plaintiff, Anderson's (Plaintiff), property. The fire had two origins, one cause was due to the negligence of the Defendant, Minneapolis, St. P. & S. St. M.R.R. Co. (Defendant), the other cause was unknown. Synopsis of Rule of Law. When the injury is caused by multiple acts of negligence, but only one tortfeasor is known, that party is still liable for the injury. ...

Ney v. Yellow Cab Co
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View this case and other resources at: Citation. 2 Ill. 2d 74, 117 N.E.2d 74, 1954 Ill. 51 A.L.R.2d 624 Brief Fact Summary. The Defendant, Yellow Cab Co.'s (Defendant), cab was stolen from the street side where its driver had left it running, unlocked and unattended. While driving the stolen cab, the thief struck and damaged the Plaintiff, Ney's (Plaintiff) vehicle. Synopsis of Rule of Law. If the harm resulting from negligence is foreseeable, then an intervening criminal act does not break the chain of causation. ...

Blyth v. Birmingham Waterworks Co
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View this case and other resources at: Citation. 11 Exch. 781 Brief Fact Summary. Defendants had installed water mains along the street with hydrants located at various points. One of the hydrants across from Plaintiff's house developed a leak as a result of exceedingly cold temperatures and caused water damage to the house. Plaintiff sued for negligence. Synopsis of Rule of Law. Negligence is the failure to do something a person of ordinary prudence would do or the taking of an action that a person of ordinary prudence would not take. A mere accident that is not occasio ...

Sindle v. New York Transit Authority
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View this case and other resources at: Citation. 33 N.Y.2d 293, 307 N.E.2d 245, 352 N.Y.S.2d 183, 1973 N.Y. Brief Fact Summary. Plaintiff was a passenger on a school bus owned by Defendant transit authority and driven by Defendant Mooney. Students aboard the bus were behaving rather disobediently and causing damage to the bus despite Defendant's admonitions. Ultimately, Defendant bypassed the usual stops and took the Plaintiff and a few other students to a police station. Synopsis of Rule of Law. Reasonable restraint or detention undertaken with the aim of preventing another ...

Surocco v. Geary
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View this case and other resources at: Citation. 3 Cal. 69, 1853 Cal. Brief Fact Summary. Defendant, the Alcalde of San Francisco, destroyed Plaintiffs' house in an attempt to halt the progression of a fire in the city. Plaintiffs sued to recover for the damages sustained by the destruction. Synopsis of Rule of Law. Otherwise tortious acts may be rendered non-tortious when necessity dictates that they be undertaken for the greater interests of society. ...