Torts - Plaintiff's default Flashcards
1
Q
Bird v. Holbrook
A
D put up a spring gun to deter trespassers - didn’t put up any warning or signs - wanted to not only deter but also to catch the trespasser - P got injured and claimed damages - the court said that the injury was caused due to P’s default - However, damages were awarded because of neglect on part of defendant and use of excessive force as a spring gun cannot distinguish between a thief and a normal person
2
Q
Pitts v. Hunt
A
16 and 18 - drunk - 18 asks 16 to drive the motorcycle - collision - 16 dies - 18 injured - 18 brings a claim in court for damages against 16 and the person they collided with - court did not provide any remedy because of plaintiff’s default.
