Benoit v. Wilson

This dissent rests on my conviction that there is no evidence to support the finding of causal connection between the defendant’s violation of the ordinance and the explosion which killed Mr. Wilson, so that the judgment of the trial court in favor of the defendant should accordingly be affirmed.

The majority statement, “What is proximate cause is a question for the jury to determine from all the facts and circumstances proved,” is not, I’m sure, intended to mean that courts cannot in a proper case decide the question as a matter of law. We have held proximate causation to be established as a…