Friday, October 10, 2014

Watson v. Kentucky & Indiana Bridge case brief summary


Watson v. Kentucky & Indiana Bridge case brief summary

F: TC ruled in favor of D (railroad company) -> not liable
Due to the negligence of the D, vehicle full of intoxicant was derailed and caused the gas ran into the air. One person struck a
match, ignited the gas, and explosion followed, injuring bystander, P
It is not clear that person inadvertently/negligently lighted or done with wanton and malicious act


I: If the intervening agency is something foreseeable (person inadvertently/negligently lighted) that D could have anticipated it, D will be liable, as opposed to, D is not liable when the intervening agency is something so unexpected or extraordinary (person lighted with wanton and malicious act) as that D could not have anticipated it.


R:
Ifthe intervening agency is something foreseeable (person inadvertently/negligently lighted) that D could have anticipated it, D
will be liable, as opposed to, D is not liable when the intervening agency is something so unexpected or extraordinary (person lighted with wanton and malicious act) as that D could not have anticipated it.


C: reversed

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