Pastene v. Adams
Before: McKinstry
Synopsis
Injuby Caused by Negligence.—In an action brought to recover damages caused by the falling of lumber which is alleged to have been carelessly piled by the defendant; if the lumber was thus carelessly piled up, the facts that it remained in that condition a long time before the injury, and that the lamber was caused to fall by the negligence of a stranger, are no defense; for the negligence of the defendant concurring with the negligence of the stranger, is the direct and proximate cause of the injury.
By the Court, McKinstry, J.: If the timbers were negligently piled by the defendants, the negligence continued until they were thrown down, and (concurring with the action of Randall) was a direct and proximate cause of the injury sustained by the plaintiff.
Judgment affirmed.
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