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Zittrain Torts Playlist Spring 2013

Union Pacific Railway v. Cappier

Should non-negligent owners and operators of an instrumentality have a duty to assist individuals who are harmed by the instrumentality? Plaintiff’s son was run over by a freight car operated by the defendant, severing an arm and a leg. The collision was held to be the fault of plaintiff’s negligence alone. However, after the impact, the employees manning the car did not stop and attempt to administer any emergency care.