Watson v. Kentucky & Indiana Bridge & R.R. Co.
COA KY - 1910
- Through D's negligence, a tank full of gasoline was derailed and the gasoline spilled into the street.
- Duerr lit a match which ignited the gasoline and injured P.
- Duerr testified that he lit the match to light a cigar. Other witnesses testified that he lit the match to cause the explosion.
- Trial court found for D.
- KY COA reversed, remanded for new trial.
- Are third-party criminal acts intervening acts or superseding acts?
- Third-party criminal acts are usually superseding acts unless the criminal activity should have been foreseen by D.
- Parties should not be held liable for criminal acts of others if they could not or should not have anticipated it.
- Ds are liable for third-party crimes when…
- D is under a duty to protect P against criminal misconduct and fails to do so.
- D's affirmative act destroys or defeats a protection that P has placed around himself or property to guard them against crime.
- D brings into association with P a person whom he knows or should know to be peculiarly likely to commit crime, under circumstances creating a recognizable unreasonable risk that he will do so.
- D has taken custody of a person of dangerous criminal tendencies and fails to restrain him.