Category: Torts

Hymowitz v. Eli Lilly & Co. 1989 Ct. App. NY 73 NY2d 487 Involves daugheters, whose mothers wanted to prevent miscarriage by taking a drug Mothers took the drug DES, 1000s of women were prescribed this. 200 Manufacturers marketed the product for miscarriage, show to casuse cancer Now the daughters are older and suing They…

Pecora v Wabash Railroad – Case Brief

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Crossing 4 tracks View was blocked by parked box cars Crossed –> hit by train Cardozo belives the Goodman rule (you must get out and look at RR crossing) should be limited to the Goodman case Suppose possible Jury instruction was, if the plaintiff didnt take reasonable care he should not win If Plaintiff win…

Baltimore Rail Road v Goodman, case brief

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Baltimore RR v Goodman Goodman driving less than 60mph Slowed down to 10mph to listen for train Looks, but view blocked by track homes Proceeded across 5-8mph hit and killed by train Widow sued Won at trial (later reversed in favor of RR for Goodmans own negligence in not checking with reasonable care) Holding (Holmes)…

Adams (dumb boy) v. Bullock (trolly owner) – Case Brief

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Adams v Bullock Facts 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…

Picard v. Barry Pontiac-Buick, Inc. – Case Notes

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Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Picard v. Barry Pontiac-Buick, Inc. Rule Assault: A physical act | of a threatening nature| [or] an offer of corporal injury | {which} puts an individual | in reasonable fear | of imminent bodily harm • Requires apprehension, you can batter…

Stubbs v. City of Rochester (Ct App NY 1919)

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Stubbs v. City of Rochester Ct App NY 1919 pg340 Defendant supplied water to the plaintiff maintaining two pipelines Hemlock – Potable drinking water Holly – For firefighting and Street Cleaning Pipes inadvertantly got crossed and the dirty Holly water ended up in townspeople’s homes The Holly water contained polluted water not fully cleansed of sewage…

State Rubbish Collectors Assoc v. Siliznoff – (Intentional Infliction of Emotional Distress)

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in Case Briefs, Legal News, Torts

State Rubbish Collectors Assoc v. Siliznoff 1952 Supp pg 20 Facts Siliznoff was given the Brewery trash account which his father inlaw Kobzeff previously shared with Abromoff Siliznoff took the account The Rubbish Assoc went after Sliznoff becuase the Assoc wont let one take an account from another Rubbish Assoc threatend to burn his truck…

Courvoisier v. Raymond, 23 Colo. 113, 47 P. 284 (Colo.1896) – Case Brief

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Courvoisier v. Raymond, 23 Colo. 113, 47 P. 284 (Colo.1896). Facts Raymond runs out hooligans from his building with a gun Hooligans gather outside his place along with a few more Hooligans start throwing objects at Raymond Raymond shoots warning shots in the air Gunfire gets attention of off duty cops Three cops come to…

Garret (Old Lady) v. Dailey (Little Chair Pulling Boy) – Case Brief

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Garret (Old Lady) v. Dailey (Little Chair Pulling Boy) Supreme Court of Washington, 1955 46 Wash.2d 197, 279 P.2d 1091. Boy is with Naomi, Old ladies sister, at old ladies home visiting in the back yard. Brian grabs chair and moves it to sit in for himself. She goes to sit, falls, and fractures her…

Lopez v. Wenchells Donut House – Case Brief

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