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Torts Keyed to Franklin
Stubbs v. City of Rochester
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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 lived and worked in Rochester. Defendant supplied water, providing water from its Hemlock system for drinking and water from its Holly system for firefighting. In September of 1910, Plaintiff contracted typhoid fever and sued Defendant for damages, alleging that the Hemlock and Holly water systems had been negligently permitted to intermingle near the Brown Street Bridge, a block from the factory where he worked. Plaintiff offered highly persuasive evidence that typhoid fever cases near the Bridge had increased dramatically during the end of 1910 and that contaminated water had caused his own illness. Defendant provided evidence that typhoid fever can also be caused by fertilized foods, contact with infected individuals, shelf fish, house flies, and impure ice. The trial judge granted Defendant’s motion for a nonsuit, finding that Plaintiff had failed to prove that his illness did not come from one of these other sources. The court of appeals affirmed, and Plaintiff again appealed, arguing that he did not have the burden to prove that his illness was not caused by any other source.
- 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.