in case in which defendant’s negligence in driving automobile through plate glass window was followed by plaintiff police officer’s attempt to knock down hanging broken glass pieces, ultimately resulting in injury to the police officer, the court reversed the entry of summary judgment in favor of the defendant, stating: “whether the conduct of the plaintiff was a sufficient intervening cause ... should be left to the jury” and “[wjhether the defendant should have foreseen the probable consequences of his negligent act ... is for a determination of the jury”
How later courts described this case
- in case in which defendant’s negligence in driving automobile through plate glass window was followed by plaintiff police officer’s attempt to knock down hanging broken glass pieces, ultimately resulting in injury to the police officer, the court reversed the entry of summary judgment in favor of the defendant, stating: “whether the conduct of the plaintiff was a sufficient intervening cause ... should be left to the jury” and “[wjhether the defendant should have foreseen the probable consequences of his negligent act ... is for a determination of the jury”
Written by the judges who cited it.
The opinion
STRUTZ, Justice
(dissenting).
I join in the very able dissent of Judge Teigen. In addition to what Judge Teigen says, however, I would point out that the defendant’s alleged negligence was not the proximate cause of the injuries suffered by the plaintiff. The plaintiff’s own act was an intervening cause of the injuries of which he complains. Let us assume, for the purpose of argument, that the defendant’s conduct did amount to negligence. Was that conduct the proximate cause of the plaintiff’s injuries? I think not. Defendant’s alleged negligence, at best, created a static condition which would not have harmed the plaintiff. It was the plaintiff’s own rash act of attempting to remove the broken glass long after the accident had occurred that was in fact the cause of plaintiff’s injuries. Plaintiff’s own act was an intervening cause. As we said in Severinson v. Nerby (N.D.), 105 N.W.2d 252 , legal responsibility must be limited to those causes which are so closely connected with the result that the law is justified in imposing liability.