55. The Hit & Run Railroad Company has tracks running adjacent to Old MacDonalds Farm. It negligently

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55. The Hit & Run Railroad Company has tracks running adjacent to Old MacDonald’s Farm. It negligently fails to erect fences on either side of the tracks; as a result, Old MacDonald is worried that if he lets his cows graze in the fields surrounding the tracks, they’ll wander onto the tracks. But he lets them graze there anyway (he has nowhere else for them to graze), and one of them wanders onto the tracks and is struck by an oncoming train. Old Mac sues Hit & Run; Hit & Run asserts assumption of the risk as a defense. Who wins?

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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