Sturman v. New York Central Railroad Company

My dissent from the view of a majority of the court rests upon my failure to find any evidence that the plaintiff’s injuries resulted from a breach of duty by the defendant railroad. In cases such as this, of alleged tort liability where the fact of plaintiff’s personal injuries is not questioned, it is not enough to find a breach of legal duty by the party charged with fault. A chain of causation between the breach of duty and the injuries must be found intact. Here that chain of causation is not intact.

I accept the plaintiff’s assertion that in relation to the highway bridge which the…