Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 8, Problem 1Q
Summary Introduction

To discuss: For which cow company B&A liable to person C and its reason.

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A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvin’s cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Company liable to Calvin? Why?
A chemical processing company stored toxic waste on its premises. A severe storm caused damaged to the containers storing the waste, which resulted in the spill contaminating nearby pond, which belongs to Sam. The chemical processing company was careful when storing the waste and no allegation of negligence is made. However, Sam claims that the chemical processing company is liable for the pond contamination, even though there is no negligence. Is Sam correct? Explain
Walter lives in South Carolina and drives to Maryland to visit his sick mother.  He is driving 75 mph while going around Baltimore and his car hits a patch of ice.  His car crashes into a car and causes a chain reaction involving 15 other cars and drivers.  Fred, who is driving his Lamborghini to the grocery store, suffers damage in the amount of $75,000.   Naturally, Fred and the other drivers will sue for damages.  There are many drivers involved.  With respect to Fred, what will the court’s opinion be as to whether he can sue in Federal Court?  Does Fred meet the qualifications?  If so, why?  If not, why?  Discuss thoroughly.
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