Kinsman I
People’s Express
• (p. 431) Kinsman owned the Shiras
• because its crew responded inadequately to impending ice blocks, Shiras tore loose from its moorings at the dock owned by Continental and began floating downstream
• Shiras crashed into the Tewksbury, tearing it loose, and both ships careen down the river toward city bridge
• Because of city’s negligence, the bridge was not raised, and the two ships crashed into it, destroying it and some surrounding property
• Wreckage caused the water and ice to back up causing the property to sustain flood damage
• Defendants Kinsman and Defendant city were held liable
• As to Continental, the court said that the negligence was not time specific – the foreseeability requirement is not satisfied
• However, Continental is still liable for the property damage
• The court has to deal with Wagon Mound. It does so by distinguishing the cases. Wagon Mound stands for foreseeability with respect to type of injury. However, the extent of the injury does not have to be foreseeable under Wagon Mound.
• In Kinsman, when boats break off from their moorings, we do expect that they will bump into things. These boats simply bumped into things to a greater extent than would be expected
• The river is the thin eggs shell skull – Continental must take it as it finds it. The extent of injury, although unforeseeable, still renders Continental liable for the damages
• Court holds Continental liable. The thin eggshell skull rule is applicable even in complicated cases.
• POLICY: Could this lead to unbounded liability as long as the type of injury is foreseeable even though the extent is not? Discussion of Andrews expediency – common sense, public policy, what seems fair and just.
Kinsman II
• claim for damages against city for closing the bridge. The court rejected damages because they are too tenuous and remote (relating to Andrews’ idea)
• economic damages will not be granted because multiple tortfeasors are liable only for results falling within the foreseeable risks of their negligent conduct
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