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Torts Keyed to Franklin
Vincent v. Lake Erie Transportation Co.
Citation:109 Minn. 456, 124 N.W. 221 (Minn. 1910)
ProfessorMelissa A. Hale
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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.
- 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:
While cargo from a steamship owned by Lake Erie Transportation Co. was being unloaded on Vincent’s dock, a violent storm struck, causing the steamship to damage the dock. The storm was so violent that it suspended virtually all travel in and out of the port.
Vincent argued that it was negligent for Lake Erie Transportation Co. to moor the steamship to the part of the dock it did, but the court disagreed, finding that the employees had moored the steamship to a part of the dock that was commonly used for the purpose of unloading cargo.
Lake Erie Transportation Co. argued that its conduct during the storm was necessary and out of its control, such that it should not be held liable for any injury resulting to the property of others.
- 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.