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Torts Keyed to Epstein
Mitchell v. Rochester Ry.
Citation:45 N.E. 354 (N.Y. 1896)
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- 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.
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- 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:
On April 1, 1891, the plaintiff was standing on a crosswalk on Main Street in Rochester, NY, waiting to board one of the defendant’s streetcars. Just as she was about to step up onto the streetcar, a horse car of the defendant came down the street. The horse car came so close to the plaintiff that she was standing between the two horses heads once it stopped. She was not physically injured, but she claimed that she fainted from fright and excitement caused by the proximity of the horse car to hitting her. She later miscarried and suffered from illness, claiming they were the results of the near accident. Medical testimony was given to show that this was a possible result of the mental shock she suffered. The court assumes the defendant’s negligence and the plaintiff’s lack of contributory negligence.
- 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.