Opinion

Fisher v. State Board of Control

  • 2 Ct. Cl. 428
Court
West Virginia Court of Claims
Filed
Oct 25, 1944
Status
Published
Author
Kunst
On the bench
Bland, Kunst, Schuck
Cited by
0 cases

The opinion

G. H. A. KUNST, Judge,

concurring.

I concur in the finding of no award herein, but upon the legal principle that a defendant’s negligence is too remote to constitute the proximate cause, where an independent illegal act of a third person intervenes, which, because it is criminal, defendant is not bound to anticipate, and without which such injury would not have been sustained. I consider that this legal principle applies in similar cases heretofore considered by the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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