Torts - Cases, Principles, and Institutions Fifth Edition, 2016a

Witt & Tani, TCPI 6. Causation
The judgment should be reversed, and a new trial granted, costs to abide the event.
CARDOZO, POUND, and ANDREW, JJ., concur.
HISCOCK, C. J., and CHASE and MCLAUGHLIN, JJ., dissent.
Judgment reversed, etc.
Notes
1. Causation in Stubbs? Public health studies from the same era found that in northern
states, typhoid fever typically peaked in August, September, October, and November in Northern
states (including New York):
Source: G. E. Harmon, Seasonal Distribution of Typhoid Fever—Southern and Northern States, 20 AM. J. PUBL.
HEALTH NATIONS 395, 398 (1930).
Given the background seasonal variation in typhoid rates, what is the likelihood that Mr.
Stubbs’ typhoid was caused by the City’s negligence? Would he be able to demonstrate by a
preponderance of the evidence that his injury was caused by the City’s negligence? Note that
even if Stubbs cannot show causation—indeed, even if no single plaintiff can show causation—it
is nearly certain that there were people in Rochester who were injured by Rochester’s negligence,
in the sense that they would be not have become ill but for that negligence. The difficulty is
knowing which of the typhoid victims are in that category.
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