Frolic and Detour

Smith, Young B.

doi:10.2307/1112332

Cited by 7 publications

(1 citation statement)

References 1 publication

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“…8o See infra § 14.31 See Morris, supra note 18, 1176 et seq. ; and the writer's study on "Multiple Damages," supra note 1 82. Butterfield v. Forrester (K. B.…”

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confidence: 99%

Negligence without Fault

Vold¹,

Ehrenzweig²

1951

California Law Review

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Four children chasing a kite drowned in a frozen pond.Y Damages were sought from a railroad company by whose admitted negligence water had been diverted to form the fatal pond. The Supreme Court of Pennsylvania denied liability because a prudent man in the defendant's place could not have "anticipated and foreseen this unfortunate happening" and because "there was no breach of duty to the children." 2 Jury verdict, majority opinion, and dissent reflect the uncertainty and t Copyright, 1951, The Regents of the University of California. Reprinted by permission. Section numbers contained in the original printing have been retained since internal references to them are made in the text. The section numbers have been placed in brackets to conform as nearly as possible to the normal publication form of the California Law Review. No other changes in the original text or footnotes have been made, and consequently many footnotes are not in accord with the form prescribed by A Uniform System of Citation (10th ed. 1958). As in the original text, footnotes for Parts I and II are numbered separately.The Editors believe it appropriate to reprint this work by Professor Ehrenzweig, since the original book has long been out of print and since once again controversy has erupted over the proper bases of tort liability. Negligence Without Fault has been a significant contribution to the law and theory of tort liability, and its relevance has not been impaired by changes in some of the case law and uniform acts which it discusses. It is only fitting that an issue dedicated to Professor Ehrenzweig should make one of his most penetrating works available to a wider audience. Some of the ideas suggested in Negligence Without Fault have been further developed in the author's later works. The reader's attention is particularly called to the following:

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“…8o See infra § 14.31 See Morris, supra note 18, 1176 et seq. ; and the writer's study on "Multiple Damages," supra note 1 82. Butterfield v. Forrester (K. B.…”

mentioning

confidence: 99%