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Some Reflections on the Bases of Strict Liability
James, Fleming
James, Fleming
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Abstract
This is the substance of a paper read at the Round Table on Jurisprudence at the 1956 meeting of the Association of American Law Schools, as a part of a panel discussion. The three formal speakers were asked to initiate the discussion by presenting their respective philosophies of "The Jurisprudential Basis of the Law of Strict Liability." These speakers were to use as a basis for discussion the following group of cases: -- Vincent v. Stinehour, 7 Vt. 61 (1835) (The "horse and buggy" accident case). -- Vincent v. Lake Erie Transportation Co., 109 Minn. 456, 124 N.W. 221 (1910). -- A typical modern motor traffic accident case. -- Lutheringer v. Moore, 31 Cal. 2d 489, 190 P.2d 1 (1948). -- Sorenson v. Wood, 123 Neb. 348, 243 N.W. 82 (1932).