Adams v Bullock
Defendant owns a trolly line
trolly power wires are too high to reach from street level
the bridge overhead is too high for anyone to reach from above
12 year old boy is walking on bridge and swings a wire off the edge
boys 8 ft wire hits the trolly wire and is shocked and burned
Boy files suit
Boy wins at trial court, trial judge could have awarded new trial but didnt
Appeals finds the same, Affirms the trial court (Later reverse by Cardozo in Supreme Ct)
Court of Appeals (Supreme Court)
Trolly owner took adaqute measures to prevent accident, the only way to avoid this would be to abbandon above ground trolly wires and use them in the ground
Trolly wires cant be insulated.
Cardozo Found in Defendants favor because they took all reasonable precausions. Hiscock Chase Colin Hogan Crane Andrews CONCUR
– As a matter of law there was no negligence.
– Only an extraordinary event could let this occur
Loss great (burn) x Low probability (never happened before, cant reach wire)
Learned Hand Test
Magnitude of Loss x Probability = Accident Cost
If cost of prevent costs more than accident > not liable
Just a device used by Appellate Ct NOT trial courts
If it costs more to avoid it the to have it the we should just let the accident happen.
Shows the role appellate courts play
Held the overhead line could not be insulated and that the probability of the accident was very low
Probability x Damages < Cost of Avoidance
Posner, generally speaking appelate courts dont usually overturn unless it points to a biased jury
Standard jury instructuion, did the Actor act as a reasonable person
Did he do something a reasonable person wouldnt, or did do what a reasonable person wouldnt
What is an ORP
They dont look at state of mind, they look at conduct
Will attribute physical aspects (blindness etc however a blind person should not drive)
If less than reasonable intelligence –> So what!?!?!
More intelligent, expert –> Is added to ORP so you must be more better
Children held to adult standards if partaking in adult activities, driving, boating, etc.