Venue: |
NY Court of Appeals
|
|
Facts: |
A kid swinging a big wire zaps himself on Bullock's trolley wires
while walking across a bridge under which the trolley runs. |
|
Posture: |
Trial finding for plaintiff, affirmed at the appellate division. |
|
Issue: |
Is this negligence? |
|
Holding: |
No. Reversed. |
|
Rule: |
To hold people strictly liable for facts beyond their control
makes them into insurers. |
|
Reasoning: |
The defendant's business was legal, and wasn't doing anything extra-risky.
This kind of mishap is essentially unforeseeable. |
|
Dicta: |
|
|