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Now here is one for the books!

 
 
Asherman
 
  1  
Reply Tue 6 Jan, 2004 07:52 pm
Anyone who doesn't remember Palsgraff never studied Law. There are several other cases, but I've forgotten their names. Remember the one about the taxi that went on a rampage after a passenger shot the driver? A man was trying to hold the taxi company liable for his having fallen from a second story window. The taxi company denied responsibility and argued that proximate cause should not extend to them. The driver of taxi had a disagreement with his passenger over the fare, and was shot. The taxi went out of control and ran down the street sideswiping automobiles, jumped a curb and smashed through a plate glass store window. People on the crowded street were shouting and screaming. The plaintiff heard the shot and public outcry, and went to his window. Being unable to see the cause of the outcry, he opened the window and leaned out .... too far. In this case, the appellate court ruled for the respondent. There were a bunch of those cases, and am I ever glad that they are now in my distant path.

Interestingly I was a demon with Torts and Crimes, but terrible at contracts. You guessed it, apart from writing the thing I've used most from my legal education is Contracts. Oh well.
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ehBeth
 
  1  
Reply Tue 6 Jan, 2004 07:57 pm
I love proximate cause arguments!
I've recently started working the liability side of files - lovely, juicy stuff. Forget no-fault, let me argue proximate cause!
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Asherman
 
  1  
Reply Tue 6 Jan, 2004 08:12 pm
Cordozo was always one of my legal heros, but John Marshal ... he's my man.
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