NEGLIGENCE-FORESEEABILITY AS A LIMITATION ON LIABILITY

Authors

Frank Bowen Jr., University of Michigan Law SchoolFollow

Abstract

Plaintiff's truck broke down on the road. Another truck driver, attempting to pass plaintiff's truck, became mired beside it, and the two trucks blocked the road. While plaintiff lay under his truck attempting repairs, a bulldozer operated by the defendant approached the two trucks from the rear." The driver of the second truck signaled the defendant to push his, the mired truck, but the defendant, mistaking the signal, pushed plaintiff's truck, causing it to run over plaintiff's legs. The defendant had not seen the plaintiff beneath the truck. The issue of defendant's negligence was submitted to the jury, and verdict was for the plaintiff. On appeal, held, affirmed. The issue of the defendant's negligence was properly for the jury. McDonald v. Ferrebee, 366 Pa. 543, 79 A. (2d) 232 (1951).

Recommended Citation

Frank Bowen Jr., NEGLIGENCE-FORESEEABILITY AS A LIMITATION ON LIABILITY, 50 Mich. L. Rev. 480 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss3/16