POLS_3301.txt

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The traditional rule for torts was ____ ____.

strict liabilty
What were the 2 ways to sue under the pre-industrial torts
- 1. trespass (direct injury)
- 2. trespass on the case (indirect injuries)
If you were injured directly or indirectly before 1850 could you recover

yes -always
What is one case that showed indirect injuries you could recover in pre-industrial

Patton v. Halstead
What was Patton v. Halstead about

sheriff letting prisioner out and being held responsible for his debt
What happened to change neg. standard

industrial revolution
why did negl. standard have to change

because RR would not have thrived if being sued constantly
What are the 3 major changes during the rise of the neg. standards
- 1. Doctrine of Statutory Authority
- 2. Contribuitory negligence
- 3. assumption of risk
In Lexingtong & Ohio RR v. Applegate why did the courts say the RR could continue operating regardless of nuisance

because they had authority to operate from govt.
Statutory Authority says what

given permission to operate from govt.
What was Lexington & Ohio RR v. Applegate about

RR being sued for nuisance and ct saying no they have statutory authority
Statutory authority was also applied to ____ cases

tort
Which case was about stopping RR nuisances

Lexington & Ohio RR v. Applegate
Which case was about RR burning down a mill

Burroughs v. Housatoric RR Co
What was Burroughs v. Housatoric RR about

burning down mill and court saying RR not at fault because they had statutory authority
What 4 things immunized companies from accidents
- 1. statutory authority
- 2. contributory negligence
- 3. assumption of risk
- 4. change from trespass to no absolute fault torts
What is one case about contributory negligence

Haring v. NY and Erie RR
What was Haring v. NY and Erie RR about

carriage hit by train, both at fault so he could not recover
Accidents at work also got changed, workers have an __ of __

assumption of risk
Which case was about assumption of risk

Farwell v. Boston and Worcester RR
Farwell v. Boston and Worcester RR was about what

workers having an assumption of risk
Workers having an assumption of risk changed the common law doctrine of ___ _____

respondant superior
Holmes Doctrine on The Common Law states that ___ by ___ ___ ____ ___ ___ ____

loss by accident must lie where it falls
Who said loss by accident must lie where it falls

Holmes, the common law doctrine
What case made it cheaper to kill someone than to scratch them

Casey v. Berkshire RR
Casey v. Berkshire was important why

made it cheaper to kill than to scratch, but eventually set up wrongful death lawsuits
What was the one case that the people and legislatures did not agree with and changed in future

casey v. berkshire

Author

marioavarela

50983

Card Set

POLS_3301.txt

Description

POLS 3301

Updated

2010-11-22T00:57:46Z

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