Cleveland v. Harries
Cleveland v. Harries
Opinion of the Court
delivered the opinion of the Court
It is sought to attach liability to appellee on the ground that he was negligent in placing Bloe and Durston in charge of the vessel. He is charged with knowledge of their alleged incompetency to properly manage the vessel. It is sought to charge the disaster to the negligence of appellee, basing the allegation upon his action in ignoring the requirements of the statute when he recommended Bloe and Durston for appointment. It is unnecessary to pursue this contention any further, for it is clearly-
It is only necessary for its to inquire whether or not any of the acts of appellee were such as to connect him proximately with the accident in question. “Proximate cause” is a legal term difficult to define. As said by the court in Milwaukee & St. P. R. Co. v. Kellogg, 94 U. S. 469, 24 L. ed. 256: “The true rule is that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it. The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or, as in the oft-cited case of the squib thrown in the market place. Scott v. Shepherd, 2 W. Bl. 892. The question always is, Was there an unbroken connection between the wrongful act and the injury, a continuous operation ? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury ? It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.” Or, as said in Ætna F. Ins. Co. v. Boon, 95 U. S. 117, 24 L. ed. 395: “The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes' and the responsible ones, though they may be nearer in time to the result. It
It seems well settled that there must be an unbroken connection between the wrongful act and the accident. Thus, where a series of buildings are burned in the same conflagration, it would not be held that the proximate cause of the burning of each particular building was the burning of the preceding one, but the agency that caused the fire. Neither can the proximate cause of an accident be attached to the first of a series of wrongful acts, unless all of the acts are directed to, or, of necessity, must lead to, the culminating event. It cannot, therefore, be successfully charged that the act of appellee in recommending Bloe and Durston for appointment, can constitute the proximate cause. It is entirely disconnected with the disaster. It does not appear that, when this recommendation was made, it was contemplated that these officers would ever be called upon to perform the duties they were engaged in at the time of the accident. Their appointment was not directed to the events connected with the disaster. Besides, the appointment was the executive act of the President, and these officers were available for this cruise because of the act of the President.
This narrows the question down to whether or not appellee was actionably negligent in appointing Bloe and Durston to the command of the vessel. Much greater latitude is allowed an officer of the government in the performance of official duty than would be accorded a private individual. He cannot be held liable for an honest mistake in judgment, no matter how fatal the mistake may prove. The law relating to the liability of officers is well stated in Thompson on Negligence, 2d ed. vol. 1, sec. 588: “Those officers whose duties are of a publie or governmental nature are not in general liable for the wrongs of those through whose agency they are obliged to act. Such agents are deemed agents of the public or of the government, and not agents of the superior officer whose orders they receive and obey. This is obviously the rule with regard to military officers, and probably the books disclose no instance of an attempt to make a military commander responsible for a wrong of
We think the mere selection of Bloe and Durston to command the vessel on this cruise, under the allegations of the declaration, is not sufficient to attach any liability to appellee. The appointment of these officers to the command is the last point at Avhich the declaration connects appellee, either directly or indirectly, with the accident. It fails to charge him with having given any directions whatever as to the manner in which the vessel should be run, or the manner in which the launch should be towed. He was not present when any of the events occurred which led up to the accident. The acts charged upon which it is sought to attach liability are too remote and disconnected from the acts directly alleged as causing the accident to constitute the proximate cause.
There is no theory upon which, under this declaration, appellee can be held liable. The demurrer was therefore properly sustained. The judgment is affirmed, with costs, and it is so ordered. Affirmed.
Reference
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- CLEVELAND v. HARRIES
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- Syllabus
- Officers; Negligence; Proximate Cause; Militia. 1. The commanding officer of the National Guard of the District of Columbia is not personally liable for the alleged negligent drowning of an-enlisted man in the naval battalion of the National Guard, while he was steering a launch in a tow of a vessel of the battalion while on a cruise, when the immediate cause of the accident was the negligent failure of the master and first officer of the vessel to release the-launch when it began to yaw and rock, and the commanding officer was not on board, and the only negligence charged against him is that he had recommended such officers for appointment by the President, without their having been elected by the enlisted men of their company and having passed an examination as to their qualifications, and that he had selected them, with knowledge of their ineompetency, to-take charge of the vessel. 2. An officer of the government, to whom is allowed much greater latitud' in the performance of his official duty than is accorded a private individual, cannot be held liable for an honest mistake in judgment, no matter how fatal the mistake may prove.