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STAGL v. DELTA AIRLINES, INC.

No. 423, Docket 94-7295.

52 F.3d 463 (1995)

Eleanor M. STAGL, Plaintiff-Appellant, v. DELTA AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 17, 1995.

Attorney(s) appearing for the Case

Benjamin Greshin (Greshin, Zeigler & Pruzansky, Smithtown, NY), for appellant.

Marguerite D. Peck (Downing & Mehrtens, P.C., New York City), for appellee.

Before: NEWMAN, Chief Judge, WALKER and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

If a man chooses to leave a cart standing in the street, he must take the risk of any mischief that may be done. Illidge v. Goodwin, 5 Carrington & Payne's Reports 190 (1831).

In the one hundred and sixty-four years since Chief Justice Tindal of the English Court of Common Pleas first set down this rule of tort liability, our means of transportation have advanced considerably. Nevertheless, the rule's basic premise, that...

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