The Duty Problem and Cause Problem in Negligent Cases

Abstract

In the November issue of the Indiana Law Journal, a case comment approved the disposition made by the Appellate Court of the case of Indian Refining Co. v. Summerland. Since the publication of that comment, the Appellate Court has granted a rehearing in the case and reversed its former position. Since the present writer is responsible in part for the approval of the former opinion, it might be justifiable for him to appraise the opinion on rehearing, in which the opposite result was reached by the court. Fortunately, the writer feels that he is well within the limits of logic and sound tort law to also approve of the second opinion. To rationalize a position apparently so odd, a consideration of the fundamental problem involved in the case is necessary.