Legal Opinion · Dissent

Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided September 27, 1983No. 81-3022Published

1Dissent

POLITZ, Circuit Judge,

with whom

JOHNSON and JERRE S. WILLIAMS, Circuit Judges, join, dissenting:

Believing the majority opinion to be at odds with the principles underlying strict liability, I respectfully dissent. Though mindful of Justice Holmes’ observation that the law is grounded in experience, not logic, Holmes, The Common Law, p. 1 (1881), I am not convinced that this case obliges us to ignore the logic underpinning the tort principles pertinent to the issue before us. I perceive strict liability and comparative fault as incompatible concepts.

Strict Liability

Strict liability is not a…

2Cases cited29 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  4. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  5. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953

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