Strict Liability

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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


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