Brown v. Kendall
Negligence – historical development
Rule: If the act was unintentional, and done in the doing of a lawful act, then D is not liable.
Negligence – historical development
Man Poked In The Eye v. Man Breaking Up a Dog Fight With a Stick
The plaintiff must prove as part of his case either that the intention was unlawful or that the defendant was at fault in order to recover.
Rule: If the act was unintentional, and done in the doing of a lawful act, then D is not liable.
-Ordinary care is the kind and degree of care that prudent and cautious people would use, such as is required by the exigency of the case, and such as is necessary to guard against probable danger.
Plaintiff can’t recover if both P/D are using ordinary care, or if both aren’t, or if P isn’t and D is.
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