The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• whether an activity is abnormally dangerous is to be considered “in light of the surrounding circumstances on the facts of each case”
• “In cases where the doctrine of strict liability would otherwise be applicable on the facts, the defendant can avoid liability by showing that the ‘escape’ was caused by an . . . intervening unlawful act of a third person”
• “[Strict liability] has been limited … to such unusual and extraordinary uses of property in reference to the benefits to be derived from the use and the dangers or losses to which others are exposed[.]”
• characterizing strict liability as \absolute liability without fault\ [emphasis added]
• strict liability applied to escape of impounded water
• once burden of proof shifts under Knowles, the “defendant, who is in exclusive control of the instrumentality causing injury, is given the entire burden of proving that he has exercised that degree of care required in the circumstances, and thus that he has not been negligent.”

Source: CourtListener parenthetical corpus (CC0).