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Torts Keyed to Underwood
Parrot v. Wells, Fargo & Co.
Citation:82 U.S. 524 (1873)
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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:
The defendants were using large buildings owned by the plaintiff for their express carrier business. One day employees for the defendant were moving a crate that appeared to be leaking some fluid. The fluid had the appearance of sweet oil. The defendant’s standard business practice was to take any damaged crates into a nearby building for inspection of the contents. Therefore, the crate was taken inside a building for this purpose. Some of the defendants’ employees took a mallet and chisel to open the crate. However, when they did this the care exploded. The explosion killed all persons present and caused significant damage to the plaintiff’s building. It was later determined that the crate contained nitroglycerine. However, the defendants’ employees did not know what was in the crate at the time. Furthermore, during this time period, the properties and dangers of nitroglycerine were not well known or understood.
- 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.