Olsen & Company, Inc. v. Lunsford

Townsend, Judge.

Error is assigned on the following excerpt from the charge: “If you find that there occurred such an extraordinary and unforeseen freshet or downpour of rain as could not have been in the contemplation of defendant at the time he accomplished the tortious acts, if you find that he did in fact accomplish such acts, then no recovery can be had, if you find that the loss and damage to plaintiff resulted proximately from such freshet and rain alone.” The plaintiff in error contends that the court here confuses the rule of liability in tort with that ini contract, this case having…