(DOWNLOAD) "Buckley v. Bell" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Buckley v. Bell
- Author : Supreme Court of Wyoming
- Release Date : January 30, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The precise question posed in this case is whether the foreseeability of negligent conduct by a plaintiff occurring subsequent to the negligent acts of a defendant is a question of law or a question of fact. The district court, in a trial to the court, held that the acts of the defendant were not a proximate cause of the damages to the plaintiff finding that the actions of the plaintiff amounted to a new and independent force which caused those damages. In addition the district court found that the particular harm sustained by the plaintiff could not reasonably have been foreseen as a probable consequence of the acts of the defendant. In the context of the debate between the parties the question will be addressed from the perspective of our precedents relating to proximate cause, as well as the perspective of the Restatement (Second) of Torts. We shall affirm the judgment of the district court because we conclude that in this instance foreseeability was a question of fact subject to resolution by the trier of fact, and since there is evidence from which that finding can be inferred we will not change it on appeal.
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