A company is only careless if it fails to take reasonable safety steps against dangers it could actually foresee happening.
Facts
A 12 year old boy swung a long wire on a bridge and it touched a trolley company's overhead electric wire below, shocking and burning him.
Procedural history
The boy won money damages at the trial court, and a mid level appeals court upheld that result by a split decision.
Issue
Did the trolley company fail to use reasonable care by placing its overhead wire where this accident could happen?
Holding
The court reversed the decision in favor of the boy and ordered a new trial, finding the company was not careless.
Reasoning
The wire was placed too high for anyone to normally touch, nothing like this had happened before, and the company had no real way to predict or prevent such a freak accident.
Opinions
Majority (Cardozo): The trolley company used reasonable care because this unusual accident was not something ordinary foresight could have predicted or prevented.
Test yourself
Question 1 of 5
How did the plaintiff come into contact with the defendant's trolley wire?
The opinion states the plaintiff was swinging a wire about eight feet long and brought it into contact with the defendant's trolley wire strung beneath the bridge.
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On the exam
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Other issues in this opinion
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