A model for causation - Southwestern Law School

MCLE MATERIALS

PANEL 1

New Technologies

and Science in

Tort Practice

A MODEL FOR CAUSATION

Stubbs¡¯ Typhoid

1

Holly/Hemlock

Intermingling

(¦¤¡¯s Negligence)

Multiple Competing Causes

Flies

Stubbs¡¯ Typhoid

Unknown

Causes

Raw

Fruits

2

Holly/Hemlock

Intermingling

3

STUBBS¡¯ STATISTICS

1) 223 Typhoid cases in 1910; excess of

58 over prior years

1) What else happened in Rochester

that year?

2) 180 of those cases occurred in the 3

months (Aug., Sept & Oct.) following

intermingling

2) What was the chronological

distribution of disease in other

years?

3) 58 others drank intermingled water

and contracted typhoid

3) A Numerator without a

denominator

4) One-third of typhoid cases were in

Stubbs¡¯ water district

4) What proportion of the population

lived in Stubbs¡¯s water district?

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