McAuley v. Wills

1. This case provides an opportunity to review the legal implications of causation, which is always a question of fact and never a principle of law. Those implications abound in bewildering profusion, as so many avatars of the Hindu pantheon. We have striven mightily to define and delineate these concepts: proximate cause, comparative negligence, contributory negligence, equal negligence, last clear chance, assumption of risk, duty of avoidance, concurrent negligence, remoteness, contingency, foreseeability, duty to exercise care for one’s own safety, mitigation of damages, probable…