# Fisher v. State Board of Control

> West Virginia Court of Claims · October 25, 1944 · 2 Ct. Cl. 428

URL: https://www.frixlaw.com/law-library/cases/8576471

## Case

- **Full name:** HERBERT FISHER v. STATE BOARD OF CONTROL
- **Court:** West Virginia Court of Claims
- **Decided:** October 25, 1944
- **Citations:** 2 Ct. Cl. 428
- **Precedential status:** Published
- **Opinion:** Concurrence by Kunst
- **Judges:** Bland, Kunst, Schuck
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8576471

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8576471. Public record. Not legal advice.