Professional Documents
Culture Documents
Dillon v. Twin State Gas & Electric
Dillon v. Twin State Gas & Electric
Issue: But for the uninsulated wires, would the boy have died or suffered serious
injury?
Reasoning: Possible that boy would have fallen off bridge, which could have lead
to death or serious injury, but defendant would not then be liable. However, if
the wire was insulated, the boy may have survived, regaining his balance, with or
without the help of the wire. If not for being electrocuted, the boy may have
survived. Also, Twin States knew that boys habitually climbed in the area, so they
were negligent, even though the boys were trespassing (another topic).
Notes:
Court said:
○ Electrocution vs. other injury/death that could have occurred
○ Jury will have to make a factual determination if wire was insulated (no
electrocution)
§ If he would have fallen to his death, limit liability to only one
second of life for damages
§ If he would have fallen but survived but been crippled, damages diff
btwn boy dead and boy crippled
§ If he would have been saved un-electrocuted, damages diff btwn death
& life
○ Limitations on this line of inquiry
§ Circumstances where using this rule would have absurd results
§ Ex. Negligent driving, kill someone. Person was on way to airport, to
catch a flight that would have crashed, with no survivors