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POLS 3301
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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
bailey826
ID
17736
Card Set
POLS 3301
Description
Final
Updated
2010-05-04T15:00:15Z
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