Friday, March 23, 2012

ADAMS V. BULLOCK case brief


• trolley wire runs above tracks, boy swinging a wire on the bridge, wire makes contact with trolley wire and boy is electrocuted
• did the trolley company take reasonable care to avoid foreseeable accidents?
• Conduct at issue – having exposed wires
• Circumstances dictate that it is unforeseeable that someone would come in contact with the trolley wires (they are high up)
• no custom was violated – custom was to have exposed wires
• preventative measures of insulating the wires would have been extraordinary care
• only ordinary care is required
• to prevent these types of accidents, trolley company would have put the wires underground, a huge expense for the company.
• POLICY: A huge factor is the cost associated with taking the preventative measure.
• The likelihood of these accidents is very low.
• Cardozo is saying that this was a freak accident – we’re not going to make trolley companies change the ways they practice because of one accident.

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