American Law And Procedure volume 2

Cover American Law And Procedure volume 2
American Law And Procedure volume 2
Chauncey M Chauncey Mitchell Depew
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248.
TORTS 115 § 175. Defendant liable for immediate consequences, though improbable. Even in jurisdictions which usually lay down the natural and probable consequence rule, if the damage follows immediately the mere fact that it was improbable does not excuse the defendant. In Hill v. Winsor (4) tort was brought against the owners of a tug for personal injuries sustained by the plaintiff through the alleged negligence of those in charge of the tug in causing her to strike violently against the
... fender of a bridge, on which the plaintiff was at work. The fender consisted of a row of piles driven perpendicularly into the bed of the stream and another row driven at an angle to the first; the plaintiff was standing on a plank fas- tened to the piles and had put a brace between one of the uprights and one of the inclined piles in order to keep them apart while he fitted them to be fastened together. The striking of the tug against the fender caused the brace between the piles to fall out, the piles came to- gether, the plaintiff was caught between them and was severely injured.

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