For Your Data Watson V. Kentucky Indiana Couplet As Well As R.R. Co. Illustration Brief Summary

Watson v. Kentucky Indiana Bridge in addition to R.R. Co. representative brief
1910 

Facts: Influenza A virus subtype H5N1 tank sum of gasoline derailed in addition to valve broken in addition to then that gasoline ran into the street. Defendant was proved negligent. Duerr struck a match, igniting gasoline vapor which caused the explosion that injured plaintiff. Duerr testified that he was lighting a jibe to lite a cigar exactly a witness testified that he said he wanted to lite it on fire. Defendant won plaintiff appeals. 

Decision: Judgment reversed for plaintiff in addition to a novel lawsuit ordered. 

Reasoning: Trial courtroom invaded jury’s jurisdiction past times ruling Duerr’s cigarette lighting a malicious cause. That is a fact-based inquiry that solely jury tin determine. The gasoline coming inwards contact amongst burn downwardly is rattling probable; fifty-fifty If Duerr did non lite it is possible that individual else would have. It rests upon the theory of Duerr if he was malicious inwards lighting a burn downwardly or not. 

Holding: A accused is non liable for the acts of a malicious accused because it breaks the causal link betwixt the injury in addition to the act. 

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