Case Overviews

Perkins v. Texas and New Orleans Railway Co. (1962)

Facts:

Perkins was killed when the car he was riding in attempted to cross railroad tracks against the warning signals and was struck by defendant’s train, which was negligently exceeding the speed limit.

Issue:

Is the negligence of a defendant actionable where it is not the cause in fact of an accident?

Rule:

When a harm would have resulted regardless of a defendant’s negligence, the negligence is not a substantial factor in causing the harm and the defendant is not liable.