For Your Data Railroad Vehicle Mound No. One Example Brief Summary
February 24, 2019
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Wagon Mound No. 1 illustration brief summary
F: P operated a dock that was destroyed when the D’ boat dumped furnace crude oil that after caught fire. P prevailed at trial, in addition to D appealed.
Unexpected ignition (similar equally Polemis case)
I: Whether D could non reasonably foresee that crude oil spread thinly on the H2O would grab fire.
R: D is non liable for unforeseeable consequences of his neg. conduct, fifty-fifty though they were the at ane time final result of D's conduct
Foreseeable that P volition endure injured; however, Unforeseeable crude oil ignite the fire. As a whole, unforeseeable
C: reversed (D is non liable)
Co: different type of foreseeable that nosotros tin speak almost Foreseeable is non unified.
Extent of injury is unforeseeable, no proximate causation
F: P operated a dock that was destroyed when the D’ boat dumped furnace crude oil that after caught fire. P prevailed at trial, in addition to D appealed.
Unexpected ignition (similar equally Polemis case)
I: Whether D could non reasonably foresee that crude oil spread thinly on the H2O would grab fire.
R: D is non liable for unforeseeable consequences of his neg. conduct, fifty-fifty though they were the at ane time final result of D's conduct
Foreseeable that P volition endure injured; however, Unforeseeable crude oil ignite the fire. As a whole, unforeseeable
C: reversed (D is non liable)
Co: different type of foreseeable that nosotros tin speak almost Foreseeable is non unified.
Extent of injury is unforeseeable, no proximate causation