Question
1. The legislature of California recently passed a law that required all railroads operating within the state to erect fences around their tracks so that
1. The legislature of California recently passed a law that required all railroads operating within the state to erect fences around their tracks so that domesticated animals that stray near the tracks will not be hit by passing trains. The Union Pacific Railroad Co failed to erect fences around 50 miles of their tracks around Fresno. As a result, two of Farmer Bill's cows wandered onto the tracks. Helen, one of the cows, died when it was hit by a train. Thunder, the other cow, died when it ate poison plants that were growing within inches of the tracks. For which cows, if any, is the Union Pacific Railroad liable to Bill? Please explain.
2. Jackson drove onto Blair's property. He had been invited by Blair to have lunch on Blair's property. Blair was aware of the fact that recent heavy rain and melting snow resulted in numerous pot holes and ruts on his property which made certain parts of his road dangerous to travel. Blair didn't warn Jackson of the condition of his road, reasonably believing that he would notice the deep ruts and exercise sufficient care. While driving, Jackson was briefly distracted, failed to notice the condition of the road, hit a rut, and skidded into a tree. Is Blair responsible for Jackson's injury? Please explain.
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