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Torts Keyed to Epstein
LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry
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*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:
Plaintiff stored about 700 tons of straw in 230 stacks on his land. The stacks were lined up in two rows. Defendant’s train was 70 from the first row and 85 feet from the second row. One day a high wind carried sparks from Defendant’s train to the stack located 85 feet away. A fire resulted and consumed all the stacks. Plaintiff sued Defendant for negligence. The jury found that Defendant negligently operated its train by allowing it to emit large quantities of sparks and live cinders. They also found that Defendant’s negligence was the cause of Plaintiff’s harm. However, the jury found Plaintiff guilty of contributory negligence by placing the exposed stacks within 100 feet of a railroad track. Plaintiff appealed. Plaintiff argued that there was no issue of contributory negligence to give to the jury at all.
- 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.