The Doctrine of Proximate Cause And Last Clear Chance
The Doctrine of Proximate Cause And Last Clear Chance
Melville Peck
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Y. 118. PROXIMATE CAUSE. 95 SECTION 35. north carolina. Defined, f202. ''The proximate cause of an event must be understood to be that which in natural and continuous se(iuence, un- broken by any new and independent cause, produces that event, and without which such event would not have occurred. Proxi- mately in point of time or space, however, is no part of the definition. " (Ward v. Rail- road, 161 N. C. 179, 7() S. E. 717. ) % 203. ' * Neither the distance traveled by the fire, though lands... of other parties in- tervened, not the time elaj^sing between the initial fire and the final conflagration which destroyed the plaintiff's property, is con- clusive against the existence of proximate cause, that is, that the second fire was proximately caused by the first. The con- nection of cause and effect must be estab- lished; the breach of duty must not only be the cause, but the proximate cause of the damage to the complaining party. " (Hardy v. Lumber Co. , 160 N. C. 113, 75 S. E. 855. ) 96 DOCTRINE OF Sec.
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