NEGLIGENCE - PROXIMATE CAUSE - WHEN CONDITION CREATED BY PRIOR OF SUCCESSIVE NEGLIGENT ACTS MAY BE THE PROXIMATE CAUSE

Cox, Benjamin G.

Journal: Michigan Law Review

Volume: 37

First Page: 1150

Year: 1939

Bluebook Citation: 37 MICH. L. REV. 1150 (1939)

Author: Benjamin Guille Cox: all 3 publications


Abstract

A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable.

Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).

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