LaDuke v. Lord

The defendant requested and the Court granted the following instruction to the jury: “We have in law what is known as pure accidents; that is, accidents that occur without negligence or fault on the part of anyone. If you find that the injury sustained by the plaintiff was due to or caused by an accident for which neither the plaintiff nor the defendant was responsible, your verdict must be for the defendant.” It is claimed that while the instruction may be a correct statement of the law, it is not applicable to this case which involved a common and typical accident under normal conditions of…