Kerr v. Connecticut Co. (1928) (deaf man hit by trolley)

a.       Facts- Π was a deaf man, and Δ was a trolley company. While Π was walking along the trolley tracks, Δ’s trolley was approaching. The trolley driver noticed Π and sounded his gong. The driver then applied the brakes, but it was too late; Δ’s trolley hit Π, causing Π’s death. Π’s administratrix sued Δ for negligence

b.      Procedural History- Trial Ct found for Δ, Π appealed, Conn Sup Ct affirmed

c.       Issue- Whether the Δ owed Π the duty to care

d.      Rule- A prudent deaf man must still exercise precaution while walking

e.       Rationale-

                                                              i.      While Π was free to walk wherever he wants, he could still see that he was walking alongside trolley tracks. It was Π’s “duty to take such care as a reasonably prudent deaf man would take under those conditions”

                                                            ii.      The record did NOT show that Π even looked back to check if a trolley was coming, even though he could not hear the gong or bell

f.       Notes-

                                                              i.      Π did NOT do everything he could have to prevent the harm (Π could have simply turned around to check if a trolley was coming)