Venue: |
SCOTUS
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Facts: |
Pakora is driving along the railroad, and there are some boxcars
obscuring the view. Smash-up! |
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Posture: |
Directed verdict for the railroad at trial (relying on Goodman,
affirmed on appeal. |
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Issue: |
Should the jury have been allowed to determine whether reasonable
caution would preclude driving further? |
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Holding: |
Yes. Reversed and remanded for further proceedings. |
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Rule: |
Deciding what is prudent for a traveler when ordinary safeguards
fail is a task for the jury. |
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Reasoning: |
He had a duty to be cautious, but there's a standard of prudent
conduct at issue here. Maybe stopping and getting out would
be at least as dangerous as proceeding-- there were lots of
factors in play: other traffic, etc. We got a little carried
away in Goodman and the result has been an unduly
defendant-friendly standard. |
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Dicta: |
This is Cardozo. This is why courts need to be cautious articulating
standards: people take them seriously, and the standards tend
to set aside the particulars of the situation, which is a bad
combination. |
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