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49 Cards in this Set
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Vaughan v. Taff Vale Ry.
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*Sanction of legislature (RR) (NL even though P had complained to RR about sparks; train later emitted sparks that burned down P's woods)
*Public value |
No Liability defendant’s railroad locomotive spark destroyed plaintiff’s adjoining woods
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Koos v. Roth |
*N matter of common usage (field burning rel. common in central OR but ct. still held N matter of common usage)
*Risk of unavoidable harm (D burned field - plowed protective strip ~ perim. but P's field still caught fire; 1/8 intentional fires did this) *Escape (from D's prop. to P's) *dist. Vaughan v. Taff Vale Ry. (RRs more common than field burning; more unavoidable risk w/ field burning; legislature had prob. N authorized field burning w/ same specificity as in Vaughan) |
Liability defendant’s intentionally set grass field fire spread across property line and destroyed plaintiff’s adjoining crop
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Boynton v. Fox Denver Theaters Inc.
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*L risk of unavoidable harm (D's popcorn box fire was in a steel drum) (an. Vuaghan) (dist. Koos: fire could escape if wind shifted)
*N escape (spread from public alley to P's adjacent premises) (an. Vaughan: RoW onto field; N subst.) (dist. Koos: spread from D's prop. to P's prop.) |
No Liability defendant’s popcorn box fire started in alley spread into plaintiff’s adjoining garage
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Guille v. Swan
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*New tech. (D balloonist descended into P's garden called 4 help b/c hanging from balloon; crowd followed and damaged garden) (dist. Vaughan: less new)
*N common usage (an. Koos) (dist. V) *N opp. For V precaut. (an. Koos) (dist. V) *H risk of unavoidable harm (balloons hard to control) (an. Koos) *Escape (an. Koos) |
Liability defendant ascended in a balloon over rural section of old New York and attracted large crowd that damaged plaintiff’s garden crops when defendant made emergency landing on plaintiff’s farm
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Crist v. Civil Air Patrol Inc.
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*Y common usage (an. Vaughan; dist. Guille: experimental)
*L risk of unavoidable harm (an. Vaughan; dist. Guille: aircraft easier to control than balloon) |
No Liability defendant’s airplane crashed onto plaintiffs’ lawn
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Rylands v. Fletcher
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*Escape (from D's to P's prop when D's reservoir burst and flooded P's coal mine) (an. Guille v. Swan) (dist. Vaughan: here physically more subst. & crossed prop. Iines instead of RR RoW to P's land) (dist. Boynton)
*N opp. For V precaut. (an. Guille) (dist. Vaughan) *N common usage (an. Guille) (dist. Boynton) *N public value (dist. Vaughan) |
Liability defendants’ private reservoir burst and flooded plaintiff’s coal mine below; defendants themselves lacked knowledge of risk
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Tenant v. Goldwin
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*Escape (D's cess pit leaked to P's adjacent cellar destroying coal/beer) (an. Rylands) (dist. Crist - plane from sky N D's prop.)
*N opp. For V precaut. (an. Rylands) |
Liability defendant’s privy overflowed into plaintiff’s neighboring cellar
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Carstairs v. Taylor
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*Vis major: Rat ate through D's rain barrel destroying P's rice in warehouse shared w/ D (dist. Rylands - unless u count contractors' negl.)
*Lesser escape (dist. Rylands: more massive and N shared) (an. Vaughan: tiny spark small amount of H2O stayed on D's premises) *Mutual benefit (shared: P's rice on bottom flr D's cotton on top) (dist. Rylands) (an. Vaughan) *N beyond inspection/repair *Common usage (dist. Rylands) |
No Liability plaintiffs’ rice damaged by water escaping from defendant’s rain barrel which rats had eaten through
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Nichols v. Marsland
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*Vis major (unprecedented rainstorm flooded D's ornamental pools/destroyed P's 4 bridges) (dist. Rylands: H20 came from Ds) (dist. Bunyak v. Yancey)
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No Liability defendant’s ornamental pools overflowed during storm and destroyed plaintiff’s bridges
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Rickards v. Lothian
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*Vis major (trespasser sabotaged D's plumbing system flooding P's schoolbooks) (a fort: Carstairs)
*Common usage (dist. Rylands: industrial reservoir) *Necessary activity (dist. Rylands) *Pipes *P benefit (plumbing system operated for P's ben) (dist. Rylands) (an. Carstairs) *N escape (all on D's premises) (dist. Rylands) (an. Carstairs) |
No Liability third party stopped up defendant’s sink and flooded plaintiff’s store
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W. H. Smith & Son Ltd. v. Daw
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*Pipe (D's sewage pipe leaked flowed onto P's premises) (dist. Tenant v. Goldwin: cess pit) (an. Rickards v. Lothian: plain h2o there sewage h2o here)
*Common usage *Necessary activity |
No Liability defendant’s sewage pipe burst and flooded plaintiff’s premises
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Lubin v. Iowa City
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*Beyond inspection/disrepair (D city left h2o mains until they broke) (dist. W.H. Smith & Son: both pipes but there appar. More subject to inspection)
*D public entity (could be seen as trying ED) *Risk inevitable/planned (D planned it) |
Liability defendant’s public water main burst and flooded plaintiff’s property
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Bunyak v. Yancey
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*Escape (D's manure lagoon seeped into neighbor P's pond) (an. Rylands)
*N common usage *Likelihood that harm that results will be great *H risk of unavoidable harm (thousands of gallons) |
Liability defendant’s manure lagoon overflowed into plaintiff’s ponds
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Walker Shoe Store v. Howard’s Hobby Shop
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*N beyond inspection/repair (heating oil)
*N foreseeable (D's furnace tank leaked oil and caught fire which spread to D's shop) *N dangerous activity *N (less) escape (oil never went across prop. line) (an. Boynton) *N D's ability to spread risk *Necessary activity *N D public entity (dist. Lubin) |
No Liability defendant’s heating oil tank burst and fire spread to neighboring plaintiff’s property
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Delano v. Mother’s Super Market Inc.
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*N escape (P slipped on ice in D's pkg lot before opening) (dist. Rylands)
*N risk inevitable/planned (water just collected and ice formed) (dist. Rylands: intentionally collected water) (dist. Lubin) *P voluntarily encounters risk (an. Toppert Kent) |
No Liability plaintiff tripped on defendant’s icy parking lot
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Albig v. Municipal Authority
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*N foreseeable (dist. Lubin)
*N risk inevitable/planned (N planned main would fail; failed to inspect but that wasn't prox. cause) (dist. Lubin) *public value (million gallon public reservoir leaked flooded Ps' basements) (dist. Rylands) *vis major (cracking in res. Flr. From another D's coal mine subsidence) *mutual benefit (reservoir purpose to store municipal h2o supply enhance firefighting equalize pressure in h2o distr. System) (dist. Rylands) |
No Liability defendant’s public reservoir burst and flooded plaintiffs’ basements
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Transco p.l.c. v. Stockport Metropolitan Borough Council
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*Pipes (D's big h20 pipe leaked undermining P's gas main) (an. W.H. Smith & Son) (dist. Rylands: reservoir vs. mere pipe)
*Public value (public pipe) (dist. Rylands: priv) *N risk inevitable/planned (dist. Lubin) (dist. Rylands: collected water) *N foreseeable (dist. Lubin) (an. Albig) *N (less) escape: N on P's or D's prop but on overlapping RoWs (dist. Rylands) |
No Liability defendant’s burst water pipe undermined plaintiff’s gas pipeline
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Losee v. Buchanan
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*necessary activity (steam boiler in paper mill exploded sending shrapnel into P's adjacent premises) (an. Vaughan: sup. Sim. Industr. Equip. miscarried/invaded P's prop)
*Common usage (an. Vaughan) *N reservoir (less of a collection of material) (dist. Rylands; could say overrules/limits Ry) |
No Liability defendants’ steam boiler exploded and spread shrapnel and destruction to plaintiffs’ neighboring building
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Powell v. Fall
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*D's traction engine's spark burned P's hayrick
*N (kinda) legislative sanction (authorizing stat. for traction engines preserved prior CL rule which ct. took to be SL) (dist. Vaughan: authorizing stat. N preserved CL rule (whatever that was)) *N (less) opp. for V precaut. (b/c road trains travel varied courses) (dist. Vaughan) (an. Rylands) *New tech. (dist. Vaughan: older tech.) (an. Guille) *Escape (an. Rylands Guille) |
Liability spark from defendant’s road train ignited plaintiff’s premises
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Sullivan v. Dunham
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*N opp. For V precaut. (Ds dynamited tree that struck P's deceased while walking down country rd.) (an. Guille)
*H risk of unavoidable harm (dist. Losee) (an. Guille) *N nec. Activity (good subs. Existed - digging trees up/pulling out w/ horses) (an. Guille: could do xtreme sports less risky to others) |
Liability plaintiff’s intestate hit by tree that defendants blasted
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Davis v. Niagara Falls Tower Co.
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*H risk of unavoidable harm (inevitable: ice formed on D's 200-ft. observation tower and dropped breaking P's adjacent museum skylight) (dist. Losee: sup. sim. both escapes) (an. Guille)
*New tech. (dist. Losee) (an. Guille) *Risk inevitable/planned (inevitable ice would form/fall) (an. Lubin) *N opp. for V precaut. (dist. Guille) |
Liability plaintiff’s museum struck by ice falling from defendant’s novel observatory tower
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Central Trust & Savings Bank v. Toppert
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*P voluntarily encounters risk (P's deceased killed by premature dynamite blast as he set a stick in his employer's blasting operation @ quarry) (an. Kent) (an. Delano v. Mother's Super Market Inc.: P voluntarily went out to get cough drops on icy am) (dist. Sullivan v. Dunham: P's deceased N employee total stranger to blasting operation)
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No Liability plaintiff’s decedent a blasting employee killed by premature explosion of blast he himself was setting up
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West v. Bristol Tramways Co.
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*Escape (creosote fumes escaped from D's newly laid tramway tracks killing P's plants (L even though no one knew creosote could harm plants))
*N (kinda) legisl.sanction (D laid tracks w/ approval of Parliament but P's harm was N kind that was inevitable from leg. sanction) (dist. Vaughan: P's harm inevitable from running RR that Parl. authorized) |
Liability plaintiff’s adjacent nursery plants unforeseeably damaged by creosote fumes coming from defendants’ creosoted tracks
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Rainham Chemical Works Ltd. v. Belvedere Fish Guano Co.
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*Dangerous activity (D's munitions factory exploded damaging P's adjacent premises) (dist. Vaughan: both seemed to have leg. Sanction (Brit. Gvt. Purchased factory's munitions) but gvt's approval more specific/express there b/c Parl. specifically authorized bldg. of D's RR whereas here gvt. merely purchased prods. from plant; also munitions plant far more dangerous than steam RR)
*H risk of unavoidable harm (dist. Losee) *N common activity (dist. Losee) *N (low) opp. for V precaut. (an. Sullivan v. Dunham) |
Liability defendants’ factory for producing highly explosive war munitions blew up damaging plaintiffs’ adjoining property
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Musgrove v. Pandelis
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*New tech. (D's inexperienced chauffeur started newfangled auto; it caught fire/spread to P's upstrs. Apt.) (an. Powell v. Fall: traction engine new tech.) (an. Guille) (dist. Walker Shoe Store: furnace tank established/customary tech.)
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Liability defendant’s novel car blew up ignited plaintiff’s apartment above
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Coxhill v. Forward
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*New tech. (Volvo retrofitted w/ novel liquified petroleum gas (LPG) system exploded causing fire that burned down wall b/w P's and D's garagae and destroyed P's car)
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Liability plaintiff’s car destroyed by fire started by novel liquefied petroleum gas fuel system on defendant’s Volvo
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Kent v. Gulf States Utilities
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*P voluntarily encounters risk (P's deceased killed when employer gave long aluminum-handled rake to work on new concrete and he touched D's high-power transmission line w/ it)
*P causes own injury (dist. Sullivan v. Dunham: P's deceased N employee stranger to blasting operation) |
No Liability plaintiff’s decedent’s aluminum rake touched defendant’s power line and electrocuted him
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Madsen v. East Jordan Irrigation Co.
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*Hypersensitive V (D's dynamite blast to repair irrigation canal; vibrations/noises caused mother mink to eat kittens)
*Vis major (3rd party mother mink most immed. cause of harm) (an. Carstairs: unforeseeable animal action most immed. Cause) (dist. West v. Bristol Tramways Co.: both harms unforeseeable but there N vis major) *N escape (sound waves/vibrations only) (dist. West v. Bristol...: creosote fumes more subst. than sound waves/vibs.) |
No Liability defendant’s blast incited plaintiff’s mother minks to eat valuable young
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Cambridge Water Co. v. Eastern Counties Leather p.l.c.
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*Result removed from activ. (by time/distance: 1000 gals. Of D tannery's degreaser spilled onto flr over per. Of yrs./ seeped through polluted P's well 173 mi. away/9 months later) (overrules West: N reasonable dist. exists) (an. Madsen)
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No Liability defendants’ industrial solvent drifted 173 miles and polluted plaintiffs’ well
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Bolton v. Stone
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*Common usage (ball from D's cricket grounds struck P) (an. Crist v. Civil Air Patrol Inc.; Vaughan) (dist. Rylands Sullivan v. Dunham)
*N (less) escape (cricket ball N very substantial P suffered N injury to her prop. only person and was struck while standing outside prop.) (dist. Rylands: huge quants. of h2o; P's prop. injured) (an. Vaughan: spark insubstantial like crick. ball) *N dangerous activity (small risk of being hit by ball) (an. Vaughan: harm foreseeable but risk small) (dist. Sullivan v. Dunham) |
No Liability cricket ball escaped from defendant’s cricket field and struck plaintiff standing by her garden gate
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Rogers v. Elliott
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*Hypersenstive V (D's church bell injured P when D repeatedly rang bell over P's dad's request not to (b/c P had sunstroke and dr. said N loud noises); P thrown into repeated convulsions that injured him) (an. Madsen v. East Jordan Irrigation Co.) (dist. Niagara Falls Tower Co./Lubin: anyone/thing would've been injured by ice/water)
*N (less) escape (sound waves) (an. Madsen: sound/vibs.) (dist. Niagara Falls: falling ice more subst.) (dist. Lubin: harm inevitable in both but there water more subst. than sound waves) |
No Liability defendant’s church bells sent hypersensitive plaintiff into convulsions
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Siegler v. Kuhlman
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*Reservoir (D's gasoline tank truck overturned ignited and killed P's deceased who drove through it) (an. Rylands)
*Dangerous activity (gasoline highly volatile) (an. Sullivan v. Dunham: dynamite H volatile) (dist. Losee/Crist: steam boiler/plane less dangerous) *H risk of unavoidable harm (dist. Losee Crist) |
Liability defendant’s gasoline tanker truck exploded and killed plaintiff’s deceased
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Fowler v. Lanning
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*L risk of unavoidable harm (P pleaded only that D shot him) (an. Vaughan) (dist. Sullivan v. Dunham)
*Common usage (an. Vaughan) (dist. Sullivan v. Dunham: shooting guns e.g. when hunting more common than blasting trees w/ dynamite) |
No Liability defendant shot plaintiff his hunting companion
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Miller v. Civil Constructors Inc.
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*Location approp. For activity (Ds operated firing range in rural area; escaped bullet struck P riding on truck running down adjacent rd.)
*Common usage (use of firearms) (an. Losee) (dist. Sullivan v. Dunham) *L risk of unavoidable harm (harm comes from misuse N inherent nature) (an. Losee) (dist. Sullivan) *Public value (law enforcement officers improved weapon handling skills there) (an. Losee: paper mill) *N (less) escape (bullet less substantial) (dist. Sullivan v. Dunham) *Nec. activity (peace officers practicing @ range had N subst. for improving their firing skills) (dist. Sullivan: could've pulled tree out w/ team of horses) |
No Liability plaintiff injured by stray bullet from defendants’ firing range
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Warner v. Norfolk & Western Ry.
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*Common usage (D maintained grade crossing @ which its train struck P's car) (an. Vaughan: both RRs) (dist. Siegler v. Kuhlman)
*Opp. For V precaut. (dist. Siegler) (an. Vaughan: could clear brush) *N reservoir (dist. Siegler) *L risk of unavoidable harm (an. Vaughan) |
No Liability defendant’s train struck plaintiff’s truck at grade crossing
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Maximin v. Rivera
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*Harm caused N kind that makes activ. Abnormally dangerous (asphalt truck struck P's car b/c it failed to yield RoW a normal risk inherent in all driving N b/c carrying asphalt) (dist. Siegler v. Kuhlman: P's deceased killed by very risk that made hauling gas abnormally dangerous)
*Opp. for V precaut. (an. Warner v. Norfolk & Western Ry) (dist. Siegler) *Common usage (driving asphalt trucks) (an. Warner: maintaining grade crossings & running trains) *N reservoir (dist. Siegler) *L risk of unavoidable harm (an. Warner) |
No Liability defendant’s asphalt truck collided with plaintiff
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Luthringer v. Moore
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*H risk of unavoidable harm (D fumigated its client's premises w/ hydrocyanic gas which leaked next door to pharmacy where P working and she was overcome by fumes)
*Dangerous activ. *N opp. For V precaut. *Foreseeable (that gas would do great damage if escaped) (dist. Cambridge Water Co.: didn't know spills would result in h2o pollution) *N result removed from activ. (dist. Cambridge Water Co.) |
Liability defendant’s fumigation gas escaped to next door and hurt plaintiff
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Langan v. Valicopters Inc.
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*H risk of unavoidable harm (D sprayed insecticide on client's fields and gas spread to P's org. farm next door causing their certification as org. food growers to be revoked and entire prop. Decertified) (an. Luthringer) (dist. Koos v. Roth)
*Dangerous activ. (an. Luthringer)(dist. Rogers v. Elliott)(dist. Crist: sup. sim. aircraft flew over Ps prop. damaging land) *Foreseeable (that insecticide would do great damage if escaped) (an. Luthringer) (dist. Cambridge Water Co.) |
Liability defendant’s aerially sprayed pesticides drifted across property line and spoiled plaintiffs’ organic crop
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New Meadows Holding Co. v. Washington Water Power Co.
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*Result removed from activ. (phone co's contractor breached D's gas main which leaked and percolated over 7 yrs. several blocks to P's house where it blew up P's house when he lit his stove) (an. Cambridge Water Co. v. Eastern Counties Leather p.l.c.: 173 mi. away/9 months later)
*Vis major (phone co's contractor) (an. Rickards v. Lothian: trespasser sabotaged D's plumbing system) (dist. Siegler Cambridge Water Co.) *Common usage (gas main) (dist. Siegler v. Kuhlman: driving gasoline reservoir) *L risk of unavoidable harm (pipes small - 2 in. and buried so out of harm's way) (dist. Siegler) |
No Liability defendant’s gas pipeline leaked and seven years later blew up plaintiffs’ house
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Palumbo v. Game & Fresh Water Fish Commission
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*Nec. Precautions/warning signs given (despite warning signs P swam out into D's lake bitten by alligator) (dist. Lubin)
*Opp. For V precaut. (an. Delano: watch for ice Rylands: clear brush) (dist. Lubin) *P voluntarily encounters risk (an. Toppert Kent Delano: knew about/vol. enc. risk) (dist. Siegler) *Vis major (alligator) (an. Carstairs: animal's biting most immed. cause) *Mutual/P benefit (university lake) (an. Carstairs: rain barrel) *Nec. risk (impossible to keep alls. out of FL lakes) (dist. Lubin: feasible to prevent harm) *Unforeseeable (N sim. accs. had previously taken place in pk) *Lubin v. Iowa (L) (dist: In both P. ben/D pub. Ag./harm seemed inevitable but there risk planned/N opp. For V precaut/n warnings) |
No Liability alligator bit plaintiff who was recklessly swimming in defendant’s alligator–infested lake
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Caporale v. C.W. Blakeslee & Sons Inc.
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*Dangerous activity (an. Rainham Chem. Works Ltd. v. Belvedere Fish Guano Co.)
*H risk of unavoidable harm (D's plumbing showrm. damaged by D's 4 mths. Of pile driving w/in 75 ft. of P's bldg.) (an. Sullivan v. Dunham: dynamite blasting) *Harm inevitable *Harm foreseeable/D knew (shown by D inspecting nearby premises b4 began work) (dist. Madsen: minks) *N common usage (pile driving) (dist. Losee) *dist. Losee v. Buchanan: harm occurred instantaneously; here occurred over per. Of time and D could have stopped it @ any time |
Liability defendant conducted massive pile–driving operations across street from plaintiff’s premises and vibrations damaged plaintiff’s building
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Edwards v. Post Transportation Co.
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Even though this poses a significant harm there is a failure to eliminate risk even with reasonable care.
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No Liability defendant delivered sulfuric acid to wrong tank which caused fumes that hurt plaintiff
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In re Chicago Flood Litigation
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*Vis major (D city's ind. Contr. Drove piles in locs. D warned against; weakened tunnel system under Chic. River caused to leak; D disregarded leak; torrent flooded P's commercial basements) (an. Albig: res.flr. Cracked b/c of another D's coal mine subsidence) (an. Nichols: both Ds improved natural waterway that escaped) (dist. Caporale: D was operator of pile driver) (dist. Rylands: contr. merely failed ot notice threatening tunnels; here contr. actively created breach))
*Common usage *N necessarily dang. activ. (unlike blasting) * dist. Rylands: in both water from D's body of h2o broke into old tunnels flooding P's underground works ; but there risk planned: Ds collected res. H2os |
No Liability defendant city’s contractor which was a co–defendant negligently breached tunnel wall under Chicago River and flooded plaintiffs’ Chicago Loop buildings
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Yukon Equipment Inc. v. Fireman’s Fund Insurance Co.
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*to hide ev. of earlier theft 4 thieves broke into D's explosives magazine (under contract w/ gvt.) blew it up damaging houses/other bldgs. in area
*Dangerous activity (storage of explosives) (an. Rainham Sullivan) (dist. New Meadows: both 3d parties but expls. far more dang. than gas pipe) *Foreseeable (D knew magazines had been illegally broken into @ least 6 times mostly involving theft; also N vis major b/c kind of risk storage entails is explosion @ storage site) (an. Rainham) *N common usage (dist. Rickards: plumbing system more common/less dang. than storage mag.) *N opp. for V precaut. |
Liability third parties blew up defendant’s explosives dump and concussions damaged plaintiffs’ nearby homes
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Bridges v. Kentucky Stone Co.
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*Result removed from activ. (Thief stole explosives from D's storage fac. blew up P's house 100 mi. away 3 wks. later) (an. Cambridge Counties) (dist. Yukon: both 3rd parties but...)
*Vis major (thief) (an. Rickards: trespasser) (dist. Sullivan: Ds willingly/deliberately set off explosive for own purps.) *N foreseeable *Harm caused N kind that makes activ. abnormally dang. (an. Maximin) (dist. Yukon) |
No Liability third party stole defendant’s dynamite and blew up plaintiffs’ house 100 miles away
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Thomalen v. Marriott Corp.
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*N escape (fire-eating fluid/fire never escaped D's hotel) (an. Toppert: dynamite never escaped D's premises; Delano) (dist. Koos v. Roth)
*P voluntarily encountered risk (P1 fellow actor; P2 paying spectator/hotel guest) (an. Toppert: P employee) (dist. Siegler) *L risk of unavoidable acc. (dist. Siegler Koos v. Roth: larger shifting winds) *N reservoir (modest amount of fire-eating solution) (dist. Siegler: huge amount of gas) |
No Liability plaintiffs injured by fire–eating act at defendant’s hotel
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Bennett v. Mallinckrodt Inc.
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*Dangerous acitv. (D's radiopharmaceutical factory radiation traveled to P neighbors made them sick) (an. Luthringer) (dist. Rogers v. Elliott)
*H risk of unavoidable harm *N opp. For V precaut. (b/c emission N obvious) (dist. Rogers) *dist. Rogers v. Elliott (hypersensitive V; here harmful to everyone) |
Liability defendant’s pharmaceutical factory leaked radioactive emissions onto plaintiffs’ adjoining properties
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Smith v. Lockheed Propulsion Co.
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(D's rocket test harmed P's well - stopped producing potable h2o)
*New technology (solid fuel rocket motor was largest ever tested to that date). *Not a matter of common usage (test firing rocket) (dist. Losee) *H risk of unavoidable harm (an. Caporale) *Harm known/planned (ev: D found it nec. to acquire 9100 acres and @ one time told P it needed P's land before could test) (an. Caporale: ev: D inspected nearby premises before) |
Liability defendant’s rocket test shook plaintiff’s neighboring water well destroying water supply
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Great Lakes Dredging & Dock Co. v. Sea Gull Operating Corp.
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This is not a dangerous activity just annoying. There was a legislative sanction for the behavior. |
No Liability defendant’s giant rock crushing machine disturbed plaintiff’s hotel guests
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