Armstrong v. Industrial Electric & Equipment Service

(specially concurring).

I concur.

The time has long since past when serious consideration should be given to the value of an instruction that defines “proximate cause.” It has been widely used in judicial opinions. For purposes of arriving at a result, scholarly judges are able to define “proximate cause,” but none can explain it. They can pierce the meaning of each of the various causes that defy the minds of the average juror. For example only, Roswell v. Davenport, 14 N.M. 91, 94, 89 P. 256 (1907), says:

Proximate cause and effect have been best defined in the much quoted case of Railway Co.…