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- UKPC 2
Contributed by Lan
Plaintiff's wharf was damaged due to a fire on the water caused by Defendant's oil spill. Court finds lack of proximate cause because the fire on the water was not reasonably foreseeable.
Issue
Can proximate cause be satisfied when the type of damage was not reasonably foreseeable?
Conclusion
No - Here, it was not reasonably foreseeable that oil could catch on fire in the water. Since the type of damage to Plaintiff's wharf was not foreseeable, proximate cause was not satisfied and Defendant cannot be held liable for the damages.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- Defendant's ship spilled a large quantity of oil into the bay, some of it concentrated near Plaintiff's wharf. Defendant set sail, making no effort to disperse oil. Plaintiff's manager became aware of the oil and assessed the danger, deciding it was okay to proceed with caution. For two days, work proceeded and there was no movement of the oil. Then oil under or near the wharf was ignited and fire spread, causing extensive damage to Plaintiff's property and equipment. Trial judge awarded judgment to Plaintiff despite finding Defendant could not have known nor have been reasonably expected to know that the oil was capable of being set afire when spread on water. Defendant's appeal was dismissed.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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