Criminal Law Keyed to Dressler
Brower v. New York Central & H.R.R
Facts
New York Central & R.R. (Defendant) owned and operated a train. Brower (Plaintiff) was riding in a wagon loaded with goods. Defendant’s train hit Plaintiff’s wagon. The accident killed Plaintiff’s horse, destroyed his wagon, and spilled the goods. While Plaintiff was still confused from the accident, third parties stole his goods. Defendant had two railroad detectives on the train to protect Defendant’s belongings from thieves. The detectives did not assist Plaintiff. Plaintiff sued Defendant for damages resulting from the accident and sought recovery for the stolen goods. Defendant denied liability for the stolen goods because it was a result of third party intervention, which broke the causal chain. The trial court ruled for Plaintiff. Defendant appealed.
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