For Your Data L.S. Ayres & Co. V. Hicks Representative Brief Summary
February 21, 2019
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L.S. Ayres & Co. v. Hicks illustration brief
(1942)
Facts: Plaintiff savage off of escalator as well as got fingers caught inwards it. Defendant unreasonably delayed stopping escalator, plaintiff’s injuries escalated. No negligence inwards constructing escalator.
Decision: New case granted.
Reasoning: No full general duty to rescue a individual inwards peril. However, at that topographic point are roughly exceptions where a individual must stimulate got affirmative steps to number the rescue of a person. Court imposes such duties. The solely negligence that the accused is guilty of is waiting likewise long which aggravated the injuries. The jury should stimulate got been express as well as restricted inwards assessing damages to injuries that were the proximate resultant of actionable negligence. Which is the aggravation of the injury, duty to avoid aggravation.
Holding: H5N1 accused who is non negligent of the master copy human activity merely solely of the aggravation is liable for aggravation of the injury as well as jury should survive then instructed, nether circumstances where the plaintiff has roughly human relationship to accused where the accused tin practise roughly command over plaintiff’s activity or instrumentality.
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