Aug 24 Torts: SL v Neg

common law: no one wrote rules down; they just start deciding cases inference is never perfect b/c results can trump rule statemtort law is common lawstatute lawexercise 2

Losee v Buchanan

D's steam boiler exploded and spread shrapnel and destruction to P's neighboring building

Madsen v East Jordan Irrigation Co

proximate causation

excitable minks

Cambridge Water Co v Eastern Counties Leather

long-distance pollution

not foreseeable

P's Rylands claim failed b/c natural use of land here

Sullivan v Dunham

Sullivan v DunhamGuille v SwanD's balloon and following crowd invaded P's farmRanalogy: not a classic escape, tresspass in both cases

Ds dynamited tree that struck P's deceased

read broadly

Davis v Niagara Falls Tower

congealed ice de D's twr fell onto and broke P's adjacent skylight

Davis v Niagara Falls Tower CoLubin v Iowa CityD's water main broke and flooded P's basem~ b/c predictable Guille v Swantrespassemerging tech (unusual to have twr so high) VaughanDiff b/c contributory neg how to change facts in Davis to have ~ ruling: small piece of snow fellhow to change facts in Vaughan to have ~ ruling: coals bounce off of rr cars

Central Trust & Savings Bank v Toppert

Central Trust & Savings Bank v Toppertlimits Sullivan DelanoP contributed to accident in this caseCentral Trust less clear b/c dynamite set off by co-worker, not P assume risk?

P's deceased set dynamite that killed him

Central Trust & Savings Bank v ToppertDelano v Mother's Super MarketP slipped on D's ice under neg, precaution = NLunder sl, precaution still = L

West v Bristol Tramways Co

West v Bristol Tramways CoVaughannature of authorization (authorized to use rr)here, no authority to use creosote West extends Rylands

creosote fumes de D's newly laid tracks damaged P's plants

don't read case broadly

Rainham Chemical Works, Ltd v Belvedere Fish

Musgrove v Pandelis

D's newfangled car leaked gas and ignited; fire spread to P's adjacent premises

Musgrove v PandelisWalker Shoe Store v Howard's Hobby ShopD's furnace tank leaked and caught fire, which spread to P's adjacent premises

Coxhill v Forward

D's LPG auto tank exploded and burned P's premises

Coxhill extends Musgrove

Kent v Gulf State Utilities

rake held by P's deceased touched D's pwr wires

Kent P caused accident in Kent Sullivan P did not cause accident Central Trust & Savings Bank v Toppert dynamite set by P's deceased killed him

Bolton v Stone

P sued for neg and nuisance, use Rylands principle

Blackburn in Rylands

mischief, at his peril, prima facie, escape

Victim precaution

Rogers v. Elliott

church bell

right to use prop vs peculiar temperament

Siegler v Kuhlman

extraordinary danger

Restatement (2nd) of Torts

abnormally dangerous activity = L, even w/.utmost care

not common usage

unusual risk