Strict Liability
Madsen v. East Jordan Irrigation Co defendant's blast incited plaintiff's mother minks to eat valuable young
not liable unforeseeable, 3rd party intervention not strict liable, but animals aren't intervening tort(PC) so maybe negligent?
Great Lakes Dredging & Dock Co. v. Sea Gull Operating Corp. defendant's giant rock-crushing machine disturbed plaintiff's hotel guests
not liable sound damages aren't ultra hazardous can't sue just over economic loss
Bolton v. Stone cricket ball escaped from defendant's cricket field and struck plaintiff standing by her garden gate
not liable spectacular shot, completely unforeseeable common game
Palumbo v. Game & Fresh Water Fish Commission alligator bit plaintiff who was recklessly swimming in defendant's alligator-infested lake
not liable there was a sign natural part of land
Warner v. Norfolk & Western Ry defendant's train struck plaintiff's truck at grade crossing
not liable train common benefit, it was going normal pace
Walker Shoe Store v. Howard's Hobby Shop defendant's heating oil tank burst, and fire spread to neighboring plaintiff's property
not liable trespass, common usage, low probability of damage
Vaughan v Taff Vale RY defendant's railroad locomotive spark destroyed plaintiff's adjoining woods
Not Liable Public benefit and contributory negligence of P letting underbrush grow
Sullivan v. Dunham plaintiff's intestate hit by tree that defendants blasted
liable dangerous choice and other options not common usage
Koos v Roth defendant's intentionally set grass field fire spread across property line and destroyed plaintiff's adjoining crop
Liable not an ordinary activity hazardous even with precaution
Langan v. Valicopters, Inc defendant's aerially sprayed pesticides drifted across property line and spoiled plaintiffs' organic crop
liability trespass, inherent risk because wind can shift randomly
West v. Bristol Tramways Co. plaintiff's adjacent nursery plants unforeseeably damaged by creosote fumes coming from defendants' creosoted tracks
liable Unatural substance, other options could have been used ; trespass
Luthringer v. Moore defendant's fumigation gas escaped to next door and hurt plaintiff
liable gas ultra hazardous very easy to escape, cross property line
Caporale v. C.W. Blakeslee & Sons, Inc. defendant conducted massive pile-driving operations across street from plaintiff's premises, and vibrations damaged plaintiff's building
liable inherently dangerous and foreseeable
Lubin v. Iowa City defendant's public water main burst and flooded plaintiff's property
liable let pipe fall into disrepair, it became strictly liable due to time looks like negligence to me?
Musgrove v. Pandelis defendant's novel car blew up, ignited plaintiff's apartment above
liable new tech
Rainham Chemical Works, Ltd. v. Belvedere Fish Guano Co. defendants' factory for producing highly explosive war munitions blew up damaging plaintiffs' adjoining property
liable new tech, dangerous
Powell v. Fall spark from defendant's road train ignited plaintiff's premises
liable new tech, not fully in control
Davis v. Niagara Falls Tower Co. plaintiff's museum struck by ice falling from defendant's novel observatory tower
liable tower built in new fashion that put P in risk no mutual benefit
McGregor v. Barton Sand & Gravel, Inc. defendant's uphill ponds leaked water and debris onto plaintiff's downhill property
liable trespass, non natural usage manmade pond
Tenant v. Goldwin defendant's privy overflowed into plaintiff's neighboring cellar
liable trespass, particularly harmful substance (shit)
Rylands v. Fletcher defendants' private reservoir burst and flooded plaintiff's coal mine below; defendants themselves lacked knowledge of risk
liable trespass; Non natural usage;
Bunyak v. Yancey defendant's manure lagoon overflowed into plaintiff's ponds
liable trespass; shit is very harmful
Siegler v. Kuhlman defendant's gasoline tanker truck exploded and killed plaintiff's deceased
liable ultrahazardous in quantity
Smith v. Lockheed Propulsion Co. defendant's rocket test shook plaintiff's neighboring water well, destroying water supply
liable uncommon new tech trespass
Bennett v. Mallinckrodt, Inc defendant's pharmaceutical factory leaked radioactive emissions onto plaintiffs' adjoining properties
liable uncontrollable radioactive emissions, ultra haz
Coxhill v. Forward plaintiff's car destroyed by fire started by novel liquefied petroleum gas fuel system on defendant's Volvo
new tech, even more liable because put someone in charge that didn't know what to do
In re Chicago Flood Litigation defendant city's contractor, which was a co-defendant, negligently breached tunnel wall under Chicago River and flooded plaintiffs' Chicago Loop buildings
not liable 3rd party negligence led to the harm construction is common good and not inherently dangerous
Rickards v. Lothian third party stopped up defendant's sink and flooded plaintiff's store
not liable Intervening tort of 3rd party mutual benefit
Carstairs v. Taylor plaintiffs' rice damaged by water escaping from defendant's rain barrel, which rats had eaten through
not liable P shared benefit
Nichols v. Marsland defendant's ornamental pools overflowed during storm and destroyed plaintiff's bridges
not liable act of god, natural usage
Maximin v. Rivera defendant's asphalt truck collided with plaintiff
not liable asphalt not more harmful than normal cargo
Thomalen v. Marriott Corp. plaintiffs injured by fire-eating act at defendant's hotel
not liable assumption of risk; no trespass
Cambridge Water Co. v. Eastern Counties Leather p.l.c. defendants' industrial solvent drifted 173 miles and polluted plaintiffs' well
not liable chain too complicated
Fowler v. Lanning defendant shot plaintiff, his hunting companion
not liable common act, not ultra hazardous
Central Trust & Savings Bank v. Topper plaintiff's decedent, a blasting employee, killed by premature explosion of blast he himself was setting up
not liable common part of the job, experienced with this stuff
Crist v. Civil Air Patrol, Inc. defendant's airplane crashed onto plaintiffs' lawn
not liable common technology, public benefit
W. H. Smith & Son, Ltd. v. Daw defendant's sewage pipe burst and flooded plaintiff's premises
not liable common usage, mutual benefit
Pecan Shoppe of Springfield, Missouri, Inc. v. Tri-State Motor Transit Co. striker blew up defendant's dynamite truck, damaging plaintiff's adjacent restaurant and gas station
not liable intervening tort/criminal activity public benefit of shipping goods
Guille v. Swan defendant ascended in a balloon over rural section of old New York and attracted large crowd that damaged plaintiff's garden crops when defendant made emergency landing on plaintiff's farm
not liable new tech, not fully in control of it
Delano v. Mother's Super Market, Inc plaintiff tripped on defendant's icy parking lot
not liable no trespass, natural part of land
Boynton v. Fox Denver Theaters, Inc. defendant's popcorn box fire, started in alley, spread into plaintiff's adjoining garage
not liable non abnormally dangerous + had taken precautions; trespass common usage
Rogers v. Elliott defendant's church bells sent hypersensitive plaintiff into convulsions
not liable not responsible to sensitivity no trespass (only for SL, thin skull applies for negligence)
Albig v. Municipal Authority defendant's public reservoir burst and flooded plaintiffs' basements
not liable public benefit
Edwards v. Post Transportation Co. defendant delivered sulfuric acid to wrong tank, which caused fumes that hurt plaintiff
not liable public benefit of delivering acid mistake in P's employer prevents the normal reduction of hazard
Kent v. Gulf States Utilities plaintiff's decedent's aluminum rake touched defendant's power line and electrocuted him
not liable public benefit, assumption of risk
Losee v. Buchanan defendants' steam boiler exploded and spread shrapnel and destruction to plaintiffs' neighboring building
not liable public benefit, common usage
Transco p.l.c. v. Stockport Metropolitan Borough Council defendant's burst water pipe undermined plaintiff's gas pipeline
not liable public benefit/state approved
New Meadows Holding Co. v. Washington Water Power Co. defendant's gas pipeline leaked and seven years later blew up plaintiffs' house
not liable public good, 3rd party caused damage to pipeline
Miller v. Civil Constructors, Inc plaintiff injured by stray bullet from defendants' firing range
not liable social value to have cops practice shooting common activity
