Confirm favorite deletion?
Torts Keyed to Epstein
Robert Addie & Sons (Collieries), Ltd. v. Dumbreck
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant operated a haulage system in its fields. This system consisted of two parts: the engine, which operated the system, and a wheel about which a cable turned. The wheel was not visible from the engine. This wheel was dangerous, but very attractive to children. Defendant took some measures to keep children away from the wheel; however, the measures were only in the form of brief admonishments and warnings. It was evident that Defendant was more concerned about the safety of its own property then of the safety of the trespassers. The surrounding hedge had several gaps, making it easy for children to pass over the property. Children, in fact, often used the property as a shortcut. The two gates had signs warning trespassers that they would be prosecuted. Dumbreck’s (Plaintiff’s) son was a four-year old boy. He had been warned by Plaintiff not to go into the field. However, he ignored the warning, entered the property, was caught in the wheel mechanism, and died. The court awarded judgment for the Plaintiff, holding that the accident was Defendant’s fault, because they did not take suitable precautions to avoid accidents. Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.