Man tried to get on train jumped on train package

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Man tried to get on train, jumped on train, package fell, had fireworks, blew up Could not tell that fireworks were in package Foreseeability is not an issue here (it wasn’t even raised here) Who owed a duty to whom? o The railroad company is not responsible, because the railroad could not have known what was in package o If the package was marked, then both railroad and guy would be responsible (guy was responsible regardless) Woman was injured indirectly o Tried to sue railroad company Complaint was dismissed Case Woman injured on sidewalk by bowling alley Who is responsible? Issues o Assumption of risk Woman didn’t have choice as to how she could leave – had to take the icy sidewalk path For assumption of risk, there has to be an alternative She wasn’t making a choice o Contributory negligence Woman was also a bit drunk She contributed to fall Upper court overthrew assumption of risk, then sent case back to lower court o Reverse and remand o Was contributory negligence an issue? Turns out that it was Case Fireworks injured someone Were pyrotechnicians liable? o Yes, since fireworks are so abnormally dangerous Uniform law o Uniform laws are attempted to be created across states to make laws uniform
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o Tries to look across states, pull together similarities such that same decisions would apply to same case in different states o Uniform commercial code (UCC) National – very important, so must be standard across all states Deals with contracts Only uniform law that applies in all 50 states Are fireworks abnormally dangerous? o Talk about strict liability – comes into play when you’re talking about abnormally dangerous things or activities If you participate while engaged with such activities, and someone gets injured, you are liable It does not matter whether you met your standard of care This case met 4 of the 6 requirements, but they were the 4 major ones Kinsman case Boat owned by Kinsman Transit Company Chunks of ice pull up against ship Moor broke loose, hits other ship, both drift away Then called Michigan Avenue Bridge to raise bridge, but there was some confusion/inefficiency, and the ships hit the bridge – this caused a river block o Many homeowners sued for resulting damages
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