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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.
Kansas Supreme Court
66 Kan. 649, 72 P. 281
No. 13,073
1903-04-11
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