Cause in Fact

Jackson v. Ray Kruse Construction Co. plaintiff struck by bike in defendant's parking lot that lacked speed bump

Liable- Landlord-tenant. Speed bump wouldve stopped the accident. Or at least greatly reduced. Main use of speed bump is to lower car speeds today. Used learned hand formula to lower risk here.

American Motorcycle Association v. Superior Court plaintiff hurt in defendants' race, and defendants cross-complained against parents

jointly liable Concurrent efficient causation: parents and AMA couldve prevented the harm

Orser v. Vierra three defendants shot toward plaintiffs' deceased, two alternately with a single pistol and one with a rifle

jointly liable all three negligent, same case as summers v. tice

Kirincich v. Standard Dreging Co. Goodbye Fellows defendant lacked buoyant lifesaving rope, and platinff's deceased drowned after several ineffectual attempts to save him

liability- court erred in dismissing and was entitled judgement they had a chance to throw the rope to him, the only reason he died was because it didn't have a buoy and he couldn't grip distinct from Grimstad because there was time to throw out the buoy

Paine v. Gamble Stores Inc. plaintiff's decedent's body found in position likely if he had fallen because of defendant's missing railing

liability- went to the jury and J.N.O.V was denied there are several possibilities to how P fell, jury assesses falling due to D's bad railing as being more likely that not due to untenability of other scenarios

Kingston v. Chicago & N.W. Ry defendant's negligently started fire joined with another of unknown, but human, origin to burn down plaintiff's property

liable D's negligent sufficient to cause the harm, irrelevant that theres another tortfeasor

Johnson v. Harris defendants' pool negligently lacked self-closing latch and high enough fence, which probably allowed deceased to drown

liable Open pool gate. Statute Violation

Gardner v. National Bulk Carriers, Inc. defendant's captain failed to return to search for plaintiff's deceased after he had fallen off ship

liable employee/employeer, breach not going back, experienced seamen could survived in the water for hours

Summers v. Tice defendants both negligently shot gun at the same time; one hit plaintiff in eye

liable since both were negligent and its not clear who caused damage, held jointly liable

Maddux v. Donaldson insolvent driver struck plaintiffs' car and then defendant struck it

liable successive tortfeasors, could have been either party who killed P

Haft v. Lone Palm Hotel defendant's pool lacked lifeguard who could have saved decedents

liable the statute to have a lifeguard would have saved P's life

Reynolds v. Texas & Pacific Ry. plaintiff would probably not have fallen if defendant had lighted its station steps

liable- jury finds for P- purple it is possible that this harm would not occurred during the day, but based on the evidence jury made the call common carrier- duty established

City of Piqua v. Morris defendant failed to clean out drains, but dam would have overflowed anyway

no liability No way to tell the unprecedidented rainfall wouldve stoped even with the clean grates- act of god

Knottnerus v. North Park St. Ry plaintiff injured by roller coaster derailment that could have been caused by wood chip that blew from defendant's construction site

no liability invitor/invitee Derailment may have been caused by defective work made by owner of the ride not the party in action

Capps v. Brashear none of the alleged untaken precautions would have prevented the plaintiff's trampoline injury

no liability untaken Precautions (supervision, wall to stop) don't decrease probability of causation probably. P was already an authorized user

Stacy v. Knickerbocker Ice Co. defendant failed to erect fence, but plaintiff's horses would have crashed through it

no liability- Bailor/Bailee All the statutory requiremens they violated wouldnt have prevented the horses from drowning on thin ice (they coudlve just jumped)

New York Central R.R. v. Grimstad no life buoy, but deceased went straight to bottom

no liability- court erred in denying D's dismissal even if there was a life buoy, husband didn't float for long enough for wife to throw it to him

Garcia v. Joseph Vince Co plaintiff poked through face mask by a saber that one of two defendants made

not liable Couldnt prove one or the other was negligent, won't find a non-negligent party jointly liable

Burton v. Waller plaintiffs shot by several of 38 defendants, only 7 of whom fired negligently

not liable Numerical disparity between ones who fired negligentally and the inability to see who shot them, can't hold all 38 jointly liable

East Texas Theatres, Inc. v. Rutledge defendant failed to eject rowdies from theater; someone later threw bottle that struck plaintiff

not liable Untaken precauiton was to eject the roudy people, no evidence who thew it though, burden of ejecting everyone too big also sold glass bottles, not considered in holding

Novak Heating & Air Conditioning v. Carrier Corp. defendant manufacturer shipped air conditioner to plaintiff via defendant common carrier, and it arrived damaged

not liable either poor construction or transportation, since not clear who negligently, neither liable

Frye v. City of Detroit plaintiff struck first by auto, then by defendant's streetcar

not liable first accident wasn't sever enough to kill P, damage definitely from 2

Smith v. Americania Motor Lodge plaintiffs sued for the death of their children in defendant's substandard motel pool

not liable lack of parental supervision, no evidence the precautions would have saved due to contributory negligence

Radley v. Knepfly defendant failed to keep fire escape in good repair, and plaintiffs' deceased, who could not have reached it in any event, died from fire

not liable- upheld dismissal a maintained fire escape would not have saved P because she wouldn't have gotten there in the first place duty existed due to landlord tenant