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Fatal Collision Case Study

259 Words2 Pages

Key Facts: A moving train collided with a passenger car. The accident killed 2 people riding in the car. Plaintiff, a wife of the decedent, filed the lawsuit against the Railroad Co. Several facts were established, including that a warehouse obstructed the view of both driver and train. It was also established that train was speeding. Furthermore, parties agreed that the driver was negligent in driving upon the track in front of the train.

Issue: Whether speed of the train was an actual cause (cause in fact) of the “fatal collision”? Reasoning/Rationale:
• Rule: The negligence is not actionable unless it is a cause of fact of the harm for which recovery is sought.
• Analysis: The court says that the speed of the train, although contributed

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