Cole v. German Savings & Loan Soc.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. The plaintiff, Viola Cole, sued the German Savings & Loan Society for damages which she alleged were the result of its negligence in the care and operation of its elevator, and at the close of the trial these facts were established: About 4 o’clock in the afternoon of a bright sunshiny day in May, the plaintiff, a lady 32 years of age, entered the hall of a building of the German Savings & Loan…
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In Error to the Circuit Court of the United States for the District of Utah. The plaintiff, Viola Cole, sued the German Savings & Loan Society for damages which she alleged were the result of its negligence in the care and operation of its elevator, and at the close of the trial these facts were established: About 4 o’clock in the afternoon of a bright sunshiny day in May, the plaintiff, a lady 32 years of age, entered the hall of a building of the German Savings & Loan Society for the purpose of riding on an elevator to an upper story. The well of this elevator was about 40 feet distant from…
1Opinion of the CourtSanborn, Circuit Judge
The crucial question in this case is whether or not the negligence of the defendant was the proximate cause of the injury of the plaintiff, so that, in the legal acceptation of that term, it contributed to her hurt. “Causo próxima, non remota, spectator,” and those damages which are the result of remote causes form a part of that large mass of resulting losses styled “damnum absque injuria,” for which the law permits no recovery. A clear conception of the test which distinguishes the proximate from the remote cause is, therefore, the first and the indispensable prerequisite to a true answer…
2Cases cited36 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Laidlaw v. . SageNew York Court of Appeals · 1899
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3Cited by94 opinions
- Johns-Manville, Inc. v. PockerCourt of Appeals for the Eighth Circuit · 1928
- Moody v. Gufl Refining Co.Tennessee Supreme Court · 1919
- Chicago, B. & Q. R. v. GelvinCourt of Appeals for the Eighth Circuit · 1916
- Lemos v. MaddenWyoming Supreme Court · 1921
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
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