State of Louisiana ex rel. Guste v. M/V Testbank
Brief

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
Brief

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
Brief

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″
Brief

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
Brief

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
Brief

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
Brief

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
Brief

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
Brief

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
Brief

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. ...

Vincent v. Lake Erie Transp. Co
Brief

View this case and other resources at: Citation. 109 Minn. 456, 124 N.W. 221, 1910 Minn. Brief Fact Summary. Defendant's steamship was moored to Plaintiffs' dock to unload cargo. A massive storm prevented the arrival of tugboats to remove the steamship after the unloading. Rather than cast the ship adrift, Defendant's employees kept the boat moored to the dock, which resulted in damage. Synopsis of Rule of Law. One who takes actions to protect his property that result in damage to another's property is required to compensate for those damages, even when the actions taken we ...

Hodgeden v. Hubbard
Brief

View this case and other resources at: Citation. 18 Vt. 504, 1846 Vt. Brief Fact Summary. Plaintiff purchased a stove from Defendants on credit and took it away. Defendants quickly discovered that Plaintiff's credit information was false and immediately set out to overtake him and recover the stove. Defendants ultimately retook the stove by force, and Plaintiff sued for assault and battery. Synopsis of Rule of Law. One has a right to retake property that is rightfully his so long as it can be done without unnecessary violence to the person and without creating a breach of th ...

Katko v. Briney
Brief

View this case and other resources at: Citation. 197 N.W.2d 351, 1972 Iowa Sup. Brief Fact Summary. Plaintiff broke into and entered a farmhouse owned but not occupied by Defendant for the purposes of theft. Plaintiff was injured in the process by a "spring gun" trap Defendant had set to thwart intruders. Although "no trespass" signs were posted on the property, no warning about the trap was posted. Synopsis of Rule of Law. No privilege exists to use force intended or likely to cause death or great bodily harm to prevent trespass to land or chattels unless the trespass threa ...

Pearson v. Dodd
Brief

View this case and other resources at: Citation. Pearson v. Dodd, 429 U.S. 396, 97 S. Ct. 581, 50 L. Ed. 2d 574 (1977) Brief Fact Summary. Staffers of Plaintiff, a United States Senator, repeatedly entered his office and removed various documents. They made copies of the documents and distributed the copies to Defendants, who published their contents. The originals were returned to Plaintiff's office. Synopsis of Rule of Law. Conversion is the intentional exercise of control or dominion over a chattel that interferes with another's rights to control it with sufficient seve ...

Herrin v. Sutherland
Brief

View this case and other resources at: Citation. 74 Mont. 587, 241 P. 328, 1925 Mont. Brief Fact Summary. Defendant, while hunting, fired his shotgun at birds flying over Plaintiff's land. Plaintiff sued for trespass, claiming damages of $10. Synopsis of Rule of Law. Interference with the airspace over one's property can give rise to an action for trespass. ...

Rogers v. Board of Road Com’rs for Kent County
Brief

View this case and other resources at: Citation. 319 Mich. 661, 30 N.W.2d 358 (Mich. 1947). Brief Fact Summary. Pursuant to a license, Defendant placed a snow fence and posts upon Plaintiff's husband's property with the understanding that it would be removed at the end of winter. Defendant did not remove the fence at the end of winter, and Plaintiff's husband was killed by an accident involving the fence's continued presence on his property. Plaintiff sued for trespass and negligence. Synopsis of Rule of Law. When one consents to the presence of a structure or chattel on his ...

Dougherty v. Stepp
Brief

View this case and other resources at: Citation. 18 N.C. 371, 1835 N.C. Brief Fact Summary. Defendant entered Plaintiff's land to perform a survey, but did not mark trees or cut timber. Plaintiff sued for trespass. The trial court instructed the jury that no trespass had occurred and the jury found for Defendant. Synopsis of Rule of Law. Every unauthorized entry upon another's land qualifies as a trespass, regardless of the degree of damage done in the process. ...

Bradley v. American Smelting and Refining Co
Brief

View this case and other resources at: Citation. 104 Wash.2d 677, 709 P.2d 782 (Wash. 1985). Brief Fact Summary. Defendant American Smelting and Refining Co. operated a smelter near the Plaintiff Bradley's property. As a result of its operations, Defendant's smelter caused various gases and particulate matter, imperceptible to the naked eye, to be deposited upon Plaintiffs' property. Plaintiff sued to recover for trespass and nuisance. Synopsis of Rule of Law. Trespass is the interference of one's right to exclusive possession of land, while nuisance is the interference with ...

Talmage v. Smith
Brief

View this case and other resources at: Citation. 101 Mich. 370, 59 N.W. 656 (Mich. 1894). Brief Fact Summary. Defendant discovered several boys playing on top of sheds on his property. Defendant demanded that they get down and most complied quickly, but Plaintiff and a few others remained on the roofs. Defendant threw a stick in the direction of a few boys on one of the roofs, but the stick missed those boys and struck and injured Plaintiff. Synopsis of Rule of Law. A Defendant's intent to cause physical contact with one party can be considered intent to commit battery again ...

Spano v. Perini Corp
Brief

View this case and other resources at: Citation. 25 N.Y.2d 11, 250 N.E.2d 31, 302 N.Y.S.2d 527, 1969 N.Y. Brief Fact Summary. In the course of constructing a tunnel, Defendants set off a large quantity of dynamite that allegedly damaged Plaintiffs' property. Plaintiffs brought suit, claiming negligence but failing to offer any evidence that Defendants failed to exercise reasonable care. Plaintiffs relied instead upon a theory of absolute liability for blasting operations and received a favorable verdict, but Defendants won reversal of the verdict on appeal. Synopsis of Rule o ...

International News Service v. Associated Press
Brief

View this case and other resources at: Citation. 248 U.S. 215, 39 S. Ct. 68, 63 L. Ed. 211, 1918 U.S. Brief Fact Summary. Defendant took Plaintiff's published news and sold it to Defendant's clients. Plaintiff sued Defendant for unfair competition. Synopsis of Rule of Law. Defendant's process amounts to an unauthorized interference with the normal operation of complainant's legitimate business precisely at the point where the profit is to be reaped, in order to divert a material portion of the profit from those who have earned it to those who have not; with special advantage ...

People Express Airlines, Inc. v. Consolidated Rail Corp
Brief

View this case and other resources at: Citation. 100 N.J. 246, 495 A.2d 107, 1985 N.J. Brief Fact Summary. Plaintiff suffered business interruption losses because Defendant negligently started a fire. No physical damage and no personal injury resulted from the fire. Plaintiff sued Defendant in negligence for the economic harm it sustained. Synopsis of Rule of Law. A defendant who has breached his duty of care to avoid risk of economic injury to particularly foreseeable plaintiffs may be held liable for actual economic losses that are proximately caused by its breach of duty. ...

Mogul Steamship Co. v. McGregor, Gow, & Co
Brief

View this case and other resources at: Citation. 23 Q.B.D. 598 (1889), affirmed [1892] A.C. 25. Brief Fact Summary. Defendant lowered prices and offered incentive in an attempt to drive Plaintiff from the market. Plaintiff sued Defendant for unfair competition. Synopsis of Rule of Law. Competition, however severe and egotistical, if unattended by circumstances of dishonesty, intimidation, molestation, or such illegalities gives rise to no cause of action at common law. ...

Edgington v. Fitzmaurice
Brief

View this case and other resources at: Citation. 29 Ch. 459 (1885). Brief Fact Summary. Defendants sought funding for a property and Plaintiff advanced Defendants 1500 pounds. Defendants made several misstatements to Plaintiff. Plaintiff sued Defendant for deceit. Synopsis of Rule of Law. In order to sustain an action for deceit, Plaintiff must first prove that there was a statement as to facts where was false; and secondly, that it was false to the knowledge of Defendants, or that they made it not caring whether it was true or false. Lastly, when you have proved that the ...

White v. Samsung Electronics America, Inc
Brief

View this case and other resources at: Citation. 989 F.2d 1512, 1993 U.S. App Brief Fact Summary. Defendant ran a television ad, which depicted Plaintiff for the purpose of selling Defendant's VCR. Plaintiff sued Defendant for appropriation. Synopsis of Rule of Law. Television and other media create marketable celebrity identity value. The law protects the celebrity's sole right to exploit this value whether the celebrity has achieved her fame out of rear ability, dumb luck, or a combination thereof. ...