Torts--Grady F2019--Strict Liability

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# Right & # Wrong of #

Vaughan v. Taff Vale Ry.

NL

D’s locomotive spark destroyed P’s woods. P complained to D b4. 4-5 fires since RR, none in memory b4. D took all necessary precautions, ordained by legl to be train.

CU (Common usage): Leg Sanctioned RR; trains common usage and not ultrahazardous.
PPR (P participated in risk):P farmer took no steps to clear dry brush near tracks (contributory neg.)

Koos v Roth

L
D farmer burns field, fire spreads to P's crop. Fire chief: 1/8 such burnings=>fire, even w/precaution (plow protective strip)
UA 1/8 chance=unavoidable risk, starting large fires=ultrahazardous. Grass field burning not CU, even tho common practice in area.

Boynton v. Fox Denver Theaters, Inc

NL
D cinema's emps burned trash (popcorn boxes) in back alley metal drums, spreads to P's adjacent garage. D burned for a year b4.
CU: Burning Trash=common use and not ultrahazardous

Guille v. Swan

L
D crashed in hot air balloon in P's garden, crowd following entered and FSU.
Balloon=new tech, ultrahazardous, not common usage. Crowd trespass=foreseeable

Crist v. Civil Air Patrol, Inc

NL
D's plane crashes into P's lawn. No survivors, flight log lost in wreck.
CU: planes=common usage;not new tech=>safe to fly

Rylands v. Fletcher

Strict L
D's contractors digging reservoir ignore abandoned tunnels below, P's mine flooded when res filled.
Collected and kept something dangerous that escaped from one property to another
Blackburn’s Rule: Collects on land for his own purpose something unnatural that if escapes likely to do mischief
Reservoir not natural use of land

Tenant v. Goldwin

Strict L
D's poop seeps thru shared cellar wall, spoils P's ale
ATI: Poop dangerous and filthy, escaped

Carstairs v. Taylor

NL
P tenant's rice stores flooded after rat chews thru D's drainage sys water box inspected 4 days prior. Sys the standard for the time. P had cotton stores on higher floor.
MU: rain collect for mutual benefit; rat=3rd party/borderline VM; D didn't pour.

Nichols v. Marsland

NL
D's ornamental pools flood during historic storm, destroy P county's bridges. D's water flow mechanisms not updated/repaired for a few years. No such overflow b4.
VM Sever storm caused damage=act of god/vis major; not collection, just artificial diversion

Rickards v. Lothian

NL
3rd party clogs drains, runs water in D's building. P=tenant.
Damage caused by 3rd party (D powerless to prevent ATI=>VM); indoor plumbing=common use/mutual benefit

W.H. Smith & Son, Ltd. v. Daw

NL
D's sewage pipe burst, floods P's premises. Pipe connected to P's prop
Poop not collected, was flowing in pipe; MU=P used pipe to mutual benefit; CU=sewage pipe is common usage

Bunyak v. Yancey

L
D dairy farmer's manure pool overflows into P's ponds. D built pool for manure.
Collected mad poop that escaped; mad poop=ultrahazardous; not common use of land

Mcgregor v. Barton Sand

L
Sliding water, debris from D's artificial pools for gravel mining causes injury to P. Spillage issues clear b4 P bought land. D explored repairing, didnt. Experts: dug trenches would help, unclear where to trench tho.
UA: Same as Rylands/Bunyak. ultrahazardous nature of activity not impacted by common usage or appropriateness of location.
UA: sliding debris ultrahazardous

Walker Shoe Store v. Howard’s Hobby Shop

NL
D’s heating oil tank burst. fire spread to P's adjoining store. D regularly inspected heating tank.
Heating oil common usage at time; accident unforeseeable; oil itself didn't escape

Delano v. Mother’s Super Market

NL
P slips on ice in D's parking lot in AM. D's gutter made ice pool under last night's snow.
Gutter not UA, is CU;obvi no escape/ATI cross prop lines; weather uncontrollable;PPR: P coulda watched her step

Albig v. Municipal Authority

NL
D's public reservoir bursts, floods P's basement. Floor of res not inspected for 70 years, cracks b/c other D's coal mine beneath.
Public reservoir used for public/mutual benefit

Transco p.l.c. v Stockport Metropolitan Borough Council

NL
D’s burst water pipe exposed P's gas pipeline by sinkhole, leaving pipe unsupported. P fixed.
Pipe was natural use of land despite being larger than normal bc plumbing; P shoulda insured against risk; sinkhole not escape; damage due to unforeseeable event

Losee v. Buchanan

NL
D factory's steam boiler explodes, sends shrapnel flyin, damage to buildings.
Steam boilers necessary for industry=>common use bc industry=public benefit

Powell v. Fall

L
Spark from D's road train ignites P's adjacent haystack.
Road trains=new tech so UA over CU; D couldnt take precaution

Sullivan v. Dunham

L
Girl hit by tree removed by dynamite 400ft from road
Dynamite=UA

Davis v. Niagara Falls Tower Co.

L
D observatory tower drops mad ice on P's adjacent museum roof every thaw
ATI: Ice collected on D's land; Allowing ice to fall=UA

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