Dangerous-escape doctrine
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 38 U.S. 181 - Stokes v. Saltonstall · 1839Most cited · 224 citing opinions
it is sufficient if he were placed by the misconduct of the defendant, in such a situation as obliged him to adopt the alternative of a dangerous leap, or to remain at certain peril; if that position was occasioned by the fault of the defendant, the action may be supported. On the other hand, if the plaintiff's act resulted from a rash apprehension of danger, which did not exist, and the injury which he sustained is to be attributed to rashness and imprudence, he is not entitled to recover.