Chapter 1. Development of Liability Based upon Fault... 1 Hulle v. Orynge (The Case of Thorns) Notes and Questions Weaver v. Ward...

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1 TABLE OF CONTENTS PREFACE... V ACKNOWLEDGMENTS... IX TABLE OF CASES... XXXI Chapter 1. Development of Liability Based upon Fault... 1 Hulle v. Orynge (The Case of Thorns)... 4 Notes and Questions... 4 Weaver v. Ward... 5 Notes and Questions... 5 Brown v. Kendall... 6 Notes and Questions... 9 Cohen v. Petty... 9 Notes and Questions Spano v. Perini Corp Notes and Questions Chapter 2. Intentional Interference with Person or Property Intent Garratt v. Dailey Notes and Questions Wagner v. State Notes and Questions Ranson v. Kitner Notes and Questions McGuire v. Almy Notes and Questions Talmage v. Smith Notes and Questions Battery Cole v. Turner Notes and Questions Wallace v. Rosen Notes and Questions Notes and Questions Fisher v. Carrousel Motor Hotel, Inc Notes and Questions Assault I de S et ux. v. W de S Notes and Questions Western Union Telegraph Co. v. Hill Notes and Questions False Imprisonment Big Town Nursing Home, Inc. v. Newman Notes and Questions Parvi v. City of Kingston Notes and Questions Hardy v. LaBelle s Distributing Co xv

2 xvi TABLE OF CONTENTS Notes and Questions Enright v. Groves Notes and Questions Whittaker v. Sandford Notes and Questions Intentional Infliction of Emotional Distress State Rubbish Collectors Ass n v. Siliznoff Notes and Questions Slocum v. Food Fair Stores of Florida Notes and Questions Harris v. Jones Notes and Questions Taylor v. Vallelunga Notes and Questions Trespass to Land Dougherty v. Stepp Notes and Questions Herrin v. Sutherland Notes and Questions Rogers v. Board of Road Com rs for Kent County Notes and Questions Trespass to Chattels Glidden v. Szybiak Notes and Questions CompuServe Inc. v. Cyber Promotions, Inc Notes and Questions Conversion (A) Nature of the Tort Pearson v. Dodd Notes and Questions (B) Effect of Good Faith (C) Necessity of Demand; Return of Chattel (D) Damages (E) What May Be Converted (F) Who May Maintain the Action Chapter 3. Privileges Consent O Brien v. Cunard S.S. Co Notes and Questions Hackbart v. Cincinnati Bengals, Inc Notes and Questions Mohr v. Williams Notes and Questions De May v. Roberts Notes and Questions Self-Defense Defense of Others

3 TABLE OF CONTENTS xvii 4. Defense of Property Katko v. Briney Notes and Questions Recovery of Property Hodgeden v. Hubbard Notes and Questions Bonkowski v. Arlan s Department Store Notes and Questions Necessity Surocco v. Geary Notes and Questions Vincent v. Lake Erie Transp. Co Notes and Questions Authority of Law Discipline Justification Sindle v. New York City Transit Authority Notes and Questions Chapter 4. Negligence History Elements of Cause of Action A Negligence Formula Lubitz v. Wells Notes and Questions Blyth v. Birmingham Waterworks Co Notes and Questions Pipher v. Parsell Notes and Questions Chicago, B. & Q.R. Co. v. Krayenbuhl Notes and Questions Davison v. Snohomish County Notes and Questions United States v. Carroll Towing Co Notes and Questions The Standard of Care (A) The Reasonable Prudent Person Vaughan v. Menlove Notes and Questions Delair v. McAdoo Notes and Questions Trimarco v. Klein Notes and Questions Cordas v. Peerless Transportation Co Notes and Questions Roberts v. State of Louisiana Notes and Questions Robinson v. Lindsay

4 xviii TABLE OF CONTENTS Notes and Questions Breunig v. American Family Ins. Co Notes and Questions (B) The Professional Heath v. Swift Wings, Inc Notes and Questions Hodges v. Carter Notes and Questions Boyce v. Brown Notes and Questions Morrison v. MacNamara Notes and Questions Scott v. Bradford Notes and Questions Moore v. The Regents of the University of California Notes and Questions (C) Aggravated Negligence Rules of Law Pokora v. Wabash Ry. Co Notes and Questions Violation of Statute Osborne v. McMasters Notes and Questions (A) Applicability of Statute Stachniewicz v. Mar-Cam Corp Notes and Questions Ney v. Yellow Cab Co Notes and Questions Perry v. S.N. and S.N Notes and Questions (B) Effect of Statute Martin v. Herzog Notes and Questions Zeni v. Anderson Notes and Questions Proof of Negligence (A) Court and Jury: Circumstantial Evidence Goddard v. Boston & Maine R.R. Co Anjou v. Boston Elevated Railway Co Joye v. Great Atlantic and Pacific Tea Co Ortega v. Kmart Corp Jasko v. F.W. Woolworth Co H.E. Butt Groc. Co. v. Resendez Notes and Questions (B) Res Ipsa Loquitur Byrne v. Boadle Notes and Questions McDougald v. Perry

5 TABLE OF CONTENTS xix Notes and Questions Larson v. St. Francis Hotel Notes and Questions Cruz v. DaimlerChrysler Motors Corp Notes and Questions James v. Wormuth Notes and Questions Sullivan v. Crabtree Notes and Questions Chapter 5. Causation in Fact Sine Qua Non Perkins v. Texas and New Orleans R. Co Notes and Questions Proof of Causation Reynolds v. Texas & Pac. Ry. Co Notes and Questions Gentry v. Douglas Hereford Ranch, Inc Notes and Questions Kramer Service, Inc. v. Wilkins Notes and Questions Herskovits v. Group Health Cooperative of Puget Sound Notes and Questions Daubert v. Merrell Dow Pharmaceuticals, Inc Notes and Questions Concurrent Causes Hill v. Edmonds Notes and Questions Anderson v. Minneapolis, St. P. & S. St. M. Ry. Co Notes and Questions Problems in Determining Which Party Caused the Harm Summers v. Tice Notes and Questions Sindell v. Abbott Laboratories Notes and Questions Chapter 6. Proximate or Legal Cause Atlantic Coast Line R. Co. v. Daniels Notes and Questions Unforeseeable Consequences Ryan v. New York Central R.R. Co Notes and Questions Bartolone v. Jeckovich Notes and Questions In re Arbitration Between Polemis and Furness, Withy & Co., Ltd Notes and Questions

6 xx TABLE OF CONTENTS Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. Wagon Mound No Notes and Questions Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. Wagon Mound No Notes and Questions Palsgraf v. Long Island R.R. Co Notes and Questions Yun v. Ford Motor Co Notes and Questions Intervening Causes Derdiarian v. Felix Contracting Corp Notes and Questions Watson v. Kentucky & Indiana Bridge & R.R. Co Notes and Questions Fuller v. Preis Notes and Questions McCoy v. American Suzuki Motor Corp Notes and Questions Public Policy Kelly v. Gwinnell Notes and Questions Enright v. Eli Lilly & Co Notes and Questions Shifting Responsibility Chapter 7. Joint Tortfeasors Liability and Joinder of Defendants Bierczynski v. Rogers Notes and Questions Coney v. J.L.G. Industries, Inc Bartlett v. New Mexico Welding Supply, Inc Notes and Questions Satisfaction and Release Bundt v. Embro Notes and Questions Cox v. Pearl Investment Co Notes and Questions Elbaor v. Smith Notes and Questions Contribution and Indemnity Knell v. Feltman Notes and Questions Yellow Cab Co. of D.C., Inc. v. Dreslin Notes and Questions Slocum v. Donahue Notes and Questions

7 TABLE OF CONTENTS xxi 4. Apportionment of Damages Bruckman v. Pena Notes and Questions Chapter 8. Duty of Care Privity of Contract Winterbottom v. Wright Notes and Questions MacPherson v. Buick Motor Co Notes and Questions H.R. Moch Co. v. Rensselaer Water Co Notes and Questions Clagett v. Dacy Notes and Questions Failure to Act Commonwealth v. Peterson Hegel v. Langsam Notes and Questions L.S. Ayres & Co. v. Hicks Notes and Questions J.S. and M.S. v. R.T.H Notes and Questions Tarasoff v. Regents of University of California Notes and Questions Pure Economic Loss State of Louisiana ex rel. Guste v. M/V Testbank Notes and Questions Emotional Distress Daley v. LaCroix Notes and Questions Thing v. La Chusa Notes and Questions Unborn Children Endresz v. Friedberg Notes and Questions Procanik by Procanik v. Cillo Notes and Questions Chapter 9. Owners and Occupiers of Land Outside the Premises Taylor v. Olsen Notes and Questions Salevan v. Wilmington Park, Inc Notes and Questions On the Premises (A) Trespassers Sheehan v. St. Paul & Duluth Ry. Co Notes and Questions

8 xxii TABLE OF CONTENTS (B) Licensees Barmore v. Elmore Notes and Questions (C) Invitees Campbell v. Weathers Notes and Questions Whelan v. Van Natta Notes and Questions (D) Persons Outside the Established Categories (1) Children (2) Persons Privileged to Enter Irrespective of Landowner s Consent (E) Rejection or Merging of Categories Rowland v. Christian Notes and Questions Lessor and Lessee Borders v. Roseberry Notes and Questions Pagelsdorf v. Safeco Ins. Co. of America Notes and Questions Kline v Massachusetts Ave. Apartment Corp Notes and Questions Chapter 10. Damages Notes and Questions Personal Injuries Anderson v. Sears, Roebuck & Co Richardson v. Chapman Notes and Questions Montgomery Ward & Co., Inc. v. Anderson Notes and Questions Physical Harm to Property Punitive Damages Cheatham v. Pohle Notes and Questions State Farm Mutual Automobile Ins. Co. v. Campbell Exxon Shipping Co. v. Baker Notes and Questions Chapter 11. Wrongful Death and Survival Wrongful Death Moragne v. States Marine Lines, Inc Notes and Questions Selders v. Armentrout Notes and Questions Survival Murphy v. Martin Oil Co Notes and Questions

9 TABLE OF CONTENTS xxiii Chapter 12. Defenses Plaintiff s Conduct (A) Contributory Negligence Butterfield v. Forrester Notes and Questions Davies v. Mann Notes and Questions (B) Comparative Negligence McIntyre v. Balentine Notes and Questions Failure to Take Advance Precautions Against Injury and Mitigation of Damages After Injury (C) Assumption of Risk (1) Express Seigneur v. National Fitness Institute, Inc Notes and Questions (2) Implied Rush v. Commercial Realty Co Notes and Questions Blackburn v. Dorta Notes and Questions Statutes of Limitations and Repose Teeters v. Currey Notes and Questions Immunities (A) Judicial Proceedings (B) Employer Immunity (C) Families Freehe v. Freehe Notes and Questions Zellmer v. Zellmer Notes and Questions (D) Charities Abernathy v. Sisters of St. Mary s Notes and Questions (E) State and Local Governments Clarke v. Oregon Health Sciences University Notes and Questions Riss v. New York DeLong v. Erie County Notes and Questions (F) The United States Deuser v. Vecera Notes and Questions (G) Public Officers

10 xxiv TABLE OF CONTENTS Chapter 13. Vicarious Liability Respondeat Superior Bussard v. Minimed, Inc O Shea v. Welch Notes and Questions Independent Contractors Murrell v. Goertz Notes and Questions Maloney v. Rath Notes and Questions Joint Enterprise Popejoy v. Steinle Notes and Questions Bailments Malchose v. Kalfell Notes and Questions Imputed Contributory Negligence Smalich v. Westfall Notes and Questions Chapter 14. Strict Liability Animals Abnormally Dangerous Activities Rylands v. Fletcher Notes and Questions Miller v. Civil Constructors, Inc Notes and Questions Indiana Harbor Belt R.R. Co. v. American Cyanamid Co Notes and Questions Limitations on Strict Liability Foster v. Preston Mill Co Notes and Questions Golden v. Amory Notes and Questions Sandy v. Bushey Notes and Questions Chapter 15. Products Liability Development of Theories of Recovery (A) Negligence MacPherson v. Buick Motor Co Notes and Questions (B) Warranty (1) Express Warranties Baxter v. Ford Motor Co Notes and Questions (2) Implied Warranties Henningsen v. Bloomfield Motors, Inc

11 TABLE OF CONTENTS xxv Notes and Questions (C) Strict Liability in Tort Greenman v. Yuba Power Products, Inc Notes and Questions Product Defects (A) Manufacturing Defect Rix v. General Motors Corp Notes and Questions (B) Design Defect Prentis v. Yale Mfg. Co Notes and Questions O Brien v. Muskin Corp Notes and Questions (C) Warnings Defect Anderson v. Owens-Corning Fiberglas Corp Notes and Questions Proof Friedman v. General Motors Corp Notes and Questions Defenses (A) Plaintiff s Conduct Daly v. General Motors Corp Notes and Questions Ford Motor Co. v. Matthews Notes and Questions (B) Preemption and Other Government Actions Defendants Other than Principal Manufacturers/Harm Other than Personal Injury (A) Other Suppliers of Chattels Peterson v. Lou Bachrodt Chevrolet Co Notes and Questions Wyeth, Inc. v. Weeks Notes and Questions (B) Services Hector v. Cedars-Sinai Medical Ctr Notes and Questions (C) Harm Other than Personal Injury Legislation and Products Liability Chapter 16. Nuisance What Constitutes an Action in Nuisance? Philadelphia Electric Company v. Hercules, Inc Notes and Questions Liability for Private Nuisance Morgan v. High Penn Oil Co Carpenter v. The Double R Cattle Company, Inc Notes and Questions Defenses

12 xxvi TABLE OF CONTENTS 4. Nuisance Remedies Boomer v. Atlantic Cement Co., Inc Notes and Questions Spur Industries, Inc. v. Del E. Webb Development Co Notes and Questions Chapter 17. Defamation Nature of a Defamatory Communication Belli v. Orlando Daily Newspapers, Inc Notes and Questions Grant v. Reader s Digest Ass n Notes and Questions Kilian v. Doubleday & Co., Inc Notes and Questions Neiman-Marcus v. Lait Notes and Questions Bindrim v. Mitchell Notes and Questions Libel and Slander Shor v. Billingsley Notes and Questions Terwilliger v. Wands Notes and Questions Publication Economopoulos v. A.G. Pollard Co Notes and Questions Carafano v. Metrosplash.com, Inc Notes and Questions Ogden v. Association of the United States Army Notes and Questions Basis of Liability New York Times Co. v. Sullivan Notes and Questions (A) Actual Malice, Burdens of Proof, and the Press St. Amant v. Thompson Notes and Questions Harte-Hanks Communications, Inc. v. Connaughton Notes and Questions (B) Private Plaintiffs Gertz v. Robert Welch, Inc Notes and Questions (C) Speech of Private Concern Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc Notes and Questions (D) Falsity Philadelphia Newspapers, Inc. v. Hepps Notes and Questions (E) Public Figures and Public Officials

13 TABLE OF CONTENTS xxvii (F) Opinion Milkovich v. Lorain Journal Co Notes and Questions Privileges (A) Absolute Privilege Notes and Questions (B) Conditional or Qualified Privilege Sindorf v. Jacron Sales Co., Inc Notes and Questions Defamation Goes Global Trout Point Lodge v. Handshoe Notes and Questions Remedies Chapter 18. Privacy Joe Dickerson & Associates, LLC v. Dittmar Notes and Questions Sanders v. American Broadcasting Companies, Inc., et al Notes and Questions Hall v. Post Notes and Questions Cantrell v. Forest City Publishing Co Notes and Questions Hustler Magazine v. Falwell Notes and Questions Snyder v. Phelps Notes and Questions Chapter 19. Civil Rights Ashby v. White Notes and Questions Camp v. Gregory Notes and Questions Memphis Community School Dist. v. Stachura Notes and Questions Chapter 20. Misuse of Legal Procedure Texas Skaggs, Inc. v. Graves Notes and Questions Friedman v. Dozorc Notes and Questions Grainger v. Hill Notes and Questions Chapter 21. Misrepresentation Introduction Concealment and Nondisclosure Swinton v. Whitinsville Savings Bank Notes and Questions

14 xxviii TABLE OF CONTENTS Griffith v. Byers Constr. Co. of Kansas, Inc Notes and Questions Basis of Liability (A) To the Recipient Derry v. Peek Notes and Questions International Products Co. v. Erie R.R. Co Notes and Questions Winter v. G.P. Putnam s Sons Notes and Questions Hanberry v. Hearst Corp Richard v. A. Waldman & Sons, Inc Notes and Questions (B) To Third Persons Credit Alliance Corp. v. Arthur Andersen & Co Citizens State Bank v. Timm, Schmidt & Co Notes and Questions Ultramares Corp. v. Touche Notes and Questions Reliance Williams v. Rank & Son Buick, Inc Notes and Questions Opinion Saxby v. Southern Land Co Notes and Questions Vulcan Metals Co. v. Simmons Mfg. Co Notes and Questions Law Sorenson v. Gardner Notes and Questions Prediction and Intention McElrath v. Electric Investment Co Notes and Questions Burgdorfer v. Thielemann Notes and Questions Damages Hinkle v. Rockville Motor Co., Inc Notes and Questions Chapter 22. Interference with Advantageous Relationships Business Relations (A) Injurious Falsehood Ratcliffe v. Evans Notes and Questions Horning v. Hardy Notes and Questions Testing Systems, Inc. v. Magnaflux Corp Notes and Questions

15 TABLE OF CONTENTS xxix (B) Interference with Existing or Prospective Contractual Relations Lumley v. Gye Notes and Questions Bacon v. St. Paul Union Stockyards Co Notes and Questions Della Penna v. Toyota Motor Sales, U.S.A., Inc Notes and Questions Adler, Barish, Daniels, Levin and Creskoff v. Epstein Notes and Questions Brimelow v. Casson Notes and Questions Harmon v. Harmon Notes and Questions (C) Tortious Breach of Contract Neibuhr v. Gage Notes and Questions Freeman & Mills, Inc. v. Belcher Oil Company Notes and Questions Family Relations Nash v. Baker Notes and Questions Chapter 23. Torts in the Age of Statutes Implied Rights of Action (A) Implied Rights of Action from State Law Burnette v. Wahl Nearing v. Weaver Notes and Questions (B) Implied Constitutional Rights of Action Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics Notes and Questions (C) Implied Rights of Action from Federal Statutes Alexander v. Sandoval Notes and Questions Express Rights of Action: Civil RICO De Falco v. Bernas Notes and Questions The Determination of Tort Law Pulliam v. Coastal Emergency Svcs Notes and Questions Chapter 24. Compensation Systems as Substitutes for Tort Law Employment Injuries Blankenship v. Cincinnati Milacron Chemicals, Inc Notes and Questions

16 xxx TABLE OF CONTENTS 2. Automobile Accident Injuries Notes and Questions Other No-Fault Compensation Systems No-Fault Compensation in the United States Notes and Questions The Future INDEX