NEGLIGENCE-PROXIMATE CAUSE

Maxwell, W. Stirling

Journal: Michigan Law Review

Volume: 46

First Page: 271

Year: 1947

Bluebook Citation: 46 MICH. L. REV. 271 (1947)

Author: W. Stirling Maxwell: all 3 publications


Abstract

An owner left his car in defendants' parking garage with the key in the ignition. Defendants' employee stole the car and loaned it to X who had no knowledge of the theft. X, while driving the car, ran into plaintiff nearly twelve hours after the theft. Held, as a matter of law defendants were not guilty of negligence.

Assuming, however, that defendants were negligent, such negligence was not the proximate cause of plaintiff's injuries. Howard v. Swagart, (App. D.C. 1947) 161 F. (2d) 651.

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