Section 16.28 Efficient Intervening Cause

• Library: Tort Law 2016

C. (§16.28) Efficient Intervening Cause

In Kennedy v. Independent Quarry & Construction Co., 291 S.W. 475 (Mo. 1926), an adult trespasser took from a locked shed a dynamite cap from a storer of explosives. The shed was located on the defendant’s property. Several hours later, and at a different location, the trespasser detonated the dynamite and injured the plaintiff. The Court found that the defendant was not liable because the intervention of the trespasser made the original negligent act of the...