Should courts regard a defendant’s conduct as a liable cause of the plaintiff’s harm if the harm would have occurred irrespective of the defendant’s conduct? The plaintiff alleged that defendant’s locomotive started a fire which eventually spread and destroyed some of the plaintiff’s property. However, the defendant contended that the damage was caused by nearby, independent fires of unknown origin. At trial, it was unclear if the plaintiff’s property was damaged by the fire caused by the defendant, the independent fires of unknown origin, or some combination of the two.
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