1. Rylands v. Fletcher, 3 H & C 774, 159 Eng.Rep. 737, L.R. 1 Ex. 265 (1866). (Strict Liability)
Rylands v. Fletcher
House of Lords, UK (1868)
TOPIC: Strict Liability
CASE: Rylands v. Fletcher, 3 HL 330, (1868)
FACTS: Plaintiff Rylands was the occupier of a mine. Defendant Fletcher was an owner of an adjacent mill, and began building a reservoir to hold water for the mill. Under the area of the reservoir there were old and disused mine shafts. Several vertical shafts had been filled up with soil and debris; apparently no one was aware of the existence of the vertical shafts at the time.
The Defendants’ reservoir was constructed by an engineer and contractor. When the reservoir was constructed, and partly filled with water, the weight
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Tice, 33 Cal. 2d 80, 199 P.2d 1 (1948)
FACTS: Plaintiff Summers's action was against defendants Tice and Simonson for an injury to his eye and face as the result of being struck by shotgun discharge on November 20, 1945 while plaintiff and the two defendants were hunting quail.
At bench trial, the court found that as a direct result of the shooting by defendants, the shots struck plaintiff and that defendants were negligent. The plaintiff was not contributorily negligent.
The defendants argued that they were not joint tortfeasors, and thus not jointly and severally liable, as they were not acting in concert, and that there was not sufficient evidence indicating which defendant was responsible for the the injuries.
HISTORY: The trial court entered a judgment in plaintiff's favor. Defendants appealed.
ISSUE: Should the judgment against both defendants stand?
RULING: Yes. Trial court judgment was affirmed.
RATIONALE: It was previously held that where a group of persons are hunting, or otherwise using firearms, and two of them negligently fire in the direction of a third person who is injured as a result, both of those who fired are liable for the injury, even though the negligence of only one of them could have caused the injury [Oliver v.
Part 4: Source and Summary • My search on Westlaw led me to 24 Mich. Civ. Jur. Torts § 7.
Mr. Limon’s mother retained Plaintiff to pursue a tort claim on behalf of Mr. Limon and her (collectively, the “Clients”) against the allegedly negligent driver. The negligent driver had an automobile liability policy issued through defendant Geico. Plaintiff alleges that its attorney’s fee contract with the Clients granted it a one-third contingency fee in “all monies collected” as a result of the lawsuit against the negligent driver. (Petition, ¶¶ 5.2, 5.3) 4.
Key Facts: (Who are the parties? What are they fighting about? Who is suing whom for what?) Susan Kirkpatrick, Appellant; John Zitz and Transamerica Insurance Company, Appelles; Kirkpatrick originally filed a complaint in trial court for a skunk bite she received while in a pet store owned by John Zitz.
The trial judge refused to instruct the jury that aggressors lose their right to self-defense unless they meet certain conditions. It is unnecessary to decide
In response to the injured party, a defendant can file affirmative defenses to mitigate, or to some extent, rationalize their actions. In the Taukitoku case specifically, Taukitoku used the affirmative defense of self-defense as a rationale for the shooting. Likewise, Taukitoku may have had impaired judgment after Jacob Snyder hit him with a shovel. Self-Defense In the chain of events, Taukitoku had pulled out his gun and pointed it at multiple individuals, including the owner of the home, Jacob Snyder.
Weber (1962) it was quoted "The fact that a particular injury suffered by a patient as the result of an operation is something that rarely occurs does not in itself prove that the injury was probably caused by the negligence of those in charge of the operation. " There was a chance that the inherent risks would happen to Cobbs, but it was not at the purpose of Grant’s negligence. Under Berkey v Anderson (1969), the defendant (physician), similar to this case, failed to inform and obtain consent from the patient about inherent risks of an operation and knew there would be complications. The defendant was found guilty of “technical” battery. The court was divided on the issue of whether this case would deem Grant’s action as negligence or battery.
However, were Kent's they morally correct? Another question that should go into play is, should the justices make their decisions based off of the morality of the situation? The answer to that is up for you to
Both men were successful in their appeals as a verdict of guilty could not be settled upon as the case was based on improbabilities and circumstantial evidence that could not lead to a definite
The prosecution did not prove their case beyond a reasonable doubt; thus, justice was not served for the real victim, Caylee. Although Casey Anthony won in a court of law, she lost in the court of public opinion; thus, being punished by society just as OJ was. References Anthony v State of Florida Case No. 5D11-237 (FL Dist. 5 Ct.
An Opening Your Honor, the opposing counsel, members of the jury, this case is about the unreliability of evidence and an insufficiency to meet the burden of proof that is required to convict Mr. Jones and Cut-Rate Liquor with a violation of Nita Liquor Commission Regulation 3.102. This case is to be decided on four issues: 1) Knowledge. Whether the Defendant, Mr. Jones and Cut-Rate Liquor, knew or ought to have known that the customer, Mr. Watkins, was intoxicated? 2) Sale.
Originating in the Wisconsin Eastern U.S. District Court, the Supreme Court case of Gagnon v. Scarpelli (1973), involved a Wisconsin State Agency (Gagnon, Warden v. Scarpelli, n.d.). Later appealed to the U.S. Court of Appeals, Seventh Circuit, this case was ruled in a liberal direction and concluded that the earlier decision is affirmed (Gagnon, Warden v. Scarpelli, n.d.). Case factors include violations of the Fourteenth Amendment right to due process and the need for counsel at a revocation hearing (Gagnon, Warden v. Scarpelli, n.d.). Moreover, in this case, the court held that parolees do have a limited right to counsel in revocation proceedings (Latessa & Smith, 2015). Furthermore, that the body must determine on a case-by-case basis whether counsel should be afforded, as counsel may not always be granted (Latessa & Smith, 2015).
Seamons vs. Snow Theodore W Brown SPT 610: Sport Law May 31, 2015 Dr. Brent Estes Seamons vs. Snow CASE CITATION: Sherwin SEAMONS and Jane Seamons, v. Douglas SNOW, Nos. 98-4152, 98-4155.
From the website, Encyclopedia Britannica article Board of Education of the Hendrick Hudson Central School District v. Rowley, I found that the court case Board of Education vs. Rowley is about a deaf student named Amy Rowley who lived in New York and attended a public school. Her parents approached the administration in the school at the beginning of Rowley kindergarten year explaining that their daughter would need an aid to sign to her while the teacher was teaching. The school granted their request for a two-week period but determined that the interpreter was not necessary. A new IEP was written for her explaining that she would use hearing aids and her ability to read lips to learn in a regular classroom. In addition, she would have
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
At the end of this case, the court had this to