Does utmost care for common carriers still apply? Forum

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TierForceOne

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Does utmost care for common carriers still apply?

Post by TierForceOne » Mon Oct 31, 2016 3:31 pm

We talked about the NY case, Bethel (1999), where the standard of utmost care was tossed, and they said a reasonable standard of care should be used.

Does this still apply throughout the States for common carriers?

I am getting conflicting info from readings and class.
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White Dwarf

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Re: Does utmost care for common carriers still apply?

Post by White Dwarf » Mon Oct 31, 2016 6:26 pm

I don't know anything about this rule, but if it's a NY case, it only applies to NY. Other states and the federal courts don't have to follow them. That's probably why you are getting conflicting readings.

Is there something in the notes about this being the majority or minority rule?
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