case Brief Baum Versus New York Central RR ch 7

case Brief Baum Versus New York Central RR ch 7 - Rationale...

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Belen Cardenas Andrew Ault Case Brief February 9, 2009 Baum V.S. New York Central R.R 175 N.Y.S. 2D 628 (1958) Facts: While on a stage performing a theatrical act, an actor attempted to climb under a hose in an act. The television actor was badly injured in the hand when the horse stepped on his hand. The actor sued claiming damages for negligence and breach of warranty. Issue: Whether or not the accident related to negligence or breach of warranty. Holding: The complaint was ruled in favor of New York Central.
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Unformatted text preview: Rationale: There is no evidence of any type of negligence towards the animal so no basis is shown. There is no proof of breach of warranty or misrepresentation on defendant’s side. The horse simply acted in its natural manner and was not vicious in any way. The plaintiff knew the risk he was subjecting himself through after the first run-through. The horse cannot stand totally immobile. Result: Dismissed....
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