Ellen Emerson v. Holloway Concrete Products Company, Inc.

To the natural cynicism of Dean Prosser echoed by the Court’s quotation:

“The result was that it was more profitable to kill the plaintiff than to scratch him, and that the most grievous of all injuries left the bereaved family of the victim, who frequently were destitute, without a remedy.”

may be added another. As he would say, it is more profitable to kill a man than destroy property. For the maritime tort which killed Emerson and which was brought about solely because Emerson, pursuant to request, was doing a task indispensable to Ross’ work, destroyed seven nearby motor yachts and a…