Legal Opinion
Eleanor M. Stagl v. Delta Airlines, Inc.
Court of Appeals for the Second Circuit
Decided April 17, 1995No. 423, Docket 94-7295PublishedCited by 96 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
If a man chooses to leave a cart standing in the street, he must take the risk of any mischief that may be done. Illidge v. Goodwin, 5 Carrington & Payne’s Reports 190 (1881).
In the one hundred and sixty-four years since Chief Justice Tindal of the English Court of Common Pleas first set down this rule of tort liability, our means of transportation have advanced considerably. Nevertheless, the rule’s basic premise, that a tortfea-sor is liable for the foreseeable acts of an intervening party, remains sound in our modern age of aeronautics. Indeed, as this case in part…
2Cases cited47 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Turcotte v. FellNew York Court of Appeals · 1986
42 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Elana Back v. Hastings on Hudson Union Free School District, John J. Russell, Anne Brennan, Marilyn WishnieCourt of Appeals for the Second Circuit · 2004
- Curley v. AMR Corp.Court of Appeals for the Second Circuit · 1998
- Hollie M. Williams v. Utica College of Syracuse University, and Burns International Security Services Corp., Docket No. 05-1898-CvCourt of Appeals for the Second Circuit · 2006
- Smith v. Local 819 I.B.T. Pension PlanCourt of Appeals for the Second Circuit · 2002
- Percy King and George Russell v. Crossland Savings Bank and American Express CompanyCourt of Appeals for the Second Circuit · 1997
91 more not listed; retrieve them via the Exa API.