Gorris v. Scott - intended to be used as to be viewed as a...

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Gorris v. Scott 9 L.R. (exch.) 125 (1874) Fact: Operative Facts: A ship was carrying sheep and a number of sheep was washed overboard because of negligence, for not following a law that was made to prevent sheep from becoming infected with disease. The law stated that the sheep had to be in certain size pens, and their legs chained so they would have enough room from each other. Issue: Whether, the fact that the shipowner was did not follow the law of britian that the sheep had to be chained, and was therefore washed overboard, if that itself would be the prima facie case of negligance Rule: Negligence of the law can be used as a prima facie of the case of negligence if that law was
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Unformatted text preview: intended to be used as to be viewed as a safety, to prevent damage to life, and limb. Rational: The law was created not to preserve the life and limbs of the sheep, they were enacted to prevent disease from coming into the country, and the sheep from contacting any diseases from each other. Holding: Broad: Narrow: If the law is not a safety law to prevent the kind of accident that would have had occurred, then that law cannot be used as a prima facie case for the case. Synthesis: Dissent/Concurrences:...
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