Question
A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right of way from being
- A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right of way from being hit by trains. B & A Railroad Co. fails to fence its tracks. Two of Calvin's cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cows, if any, is B & A Railroad liable to Calvin? Why?
To establish negligence per se, the plaintiffmustprove that:
- thestatute or ordinance clearly sets out what standard of conduct is expected, when it is expected, and of whom it is expected; YOUR ANALYSIS:
2. plaintiffis in the class of persons intended to be protected by the statute or ordinance, YOUR ANALYSIS:
3. and, hestatute or ordinance was intended to prevent the type of injury which plaintiff suffered as a result of defendants wrongful act. YOUR ANALYSIS:
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Strategic Management
Authors: Richard Lynch
8th Edition
1292211407, 978-1292211404
