Torts Keyed to Epstein
Herbert v. Enos
Herbert (P) went to water Enos’s (D) flowers, from an outdoor faucet. On touching the faucet, he received severe electrical shock and injuries. The cause was the flooding of the toilet in Enos’s second floor home which caused the electrical system in the home to malfunction, creating current leakage. The toilet flooded because of Enos’s faulty repair. Herbert brought an action for negligence against Enos. Enos moved for summary judgment, and it was granted. The trial court held that the injuries suffered by Herbert were not such as could have been reasonably expected to happen as a result of his repair, by Enos. The intermediate state court of appeals granted review.
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