Question
Chapter 11 please solve these cases for me 3. Plaintiff boards his mare in a pasture with other horses. One day while trying to feed
Chapter 11
please solve these cases for me
3. Plaintiff boards his mare in a pasture with other horses. One day while trying to feed his mare, Plaintiff leads the mare away from the other horses in the pasture. Defendant's colt approaches him in a menacing manner and Plaintiff, who is aware of the colt's vicious propensities, drives the colt away and returns to feeding his mare. The colt waits and then stealthily comes up behind Plaintiff and kicks him in the behind. Do you think this is a case of strict liability? What defenses might be raised and why? Sandy v. Bushey, 128 A. 513 (Me. 1925).
5. Plaintiff,afireman,suffersseverechemicalbron- chitis as the result of inhaling antimony penta- chloride gas when he responds to a call to give assistance to two men trapped in a tank. When Plaintiff arrives at the scene, he is told that the men have been extricated and that he should return to the station. While at the scene he encounters gas in the form of a haze or fog coming from an unknown source. Plaintiff never puts on a face mask to protect himself. Although Plaintiff experiences some irritation resulting from his contact with the gas, he is unaware of the poten- tial danger created by exposure to the gas. Should Plaintiff be able to recover on the basis of strict liability? Langlois v. Allied Chemical Corp., 249 So. 2d 133 (La. 1971).
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