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Chapter 08 Negligence and Strict Liability

TRUEFALSE

1. A blind person will be held to the standard of care of the reasonable blind person rather than that
of the reasonable sighted person for purposes of determining negligence.

(A) True

(B) False

Answer : (A)

2. In applying the reasonable person standard, the court takes into account a person's physical, but
not mental, handicaps.

(A) True

(B) False

Answer : (A)

3. A "reasonable person standard" does not apply to children since they do not have the judgment,
intelligence, knowledge, or experience of adults.

(A) True

(B) False

Answer : (B)

4. The standard of conduct which is the basis for the law of negligence is usually determined by a
cost-benefit or risk-benefit analysis.

(A) True

(B) False

Answer : (A)

5. In the majority of states, in a case of negligence per se, the plaintiff would only have to prove
violation of a statute in order to show negligent conduct.

(A) True

(B) False

Answer : (A)
6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful,
prudent, and never negligent.

(A) True

(B) False

Answer : (A)

7. The general rule for the standard of care used in tort law is: a person is under a duty to all others
at all times to exercise reasonable care for the safety of other persons and their property.

(A) True

(B) False

Answer : (A)

8. Compliance with a legislative enactment or administrative regulation does not prevent a finding
of negligence if a reasonable person would have taken additional precautions to avoid harm.

(A) True

(B) False

Answer : (A)

9. In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care
in driving as an adult for purposes of determining negligence.

(A) True

(B) False

Answer : (A)

10. Liability for the negligent conduct of a defendant requires not only that the conduct in fact
caused injury to the plaintiff but also that it was the proximate cause of the injury.

(A) True

(B) False

Answer : (A)

11. A defendant will be liable for all harm that can be traced back to the defendant's negligence.

(A) True
(B) False

Answer : (B)

12. All intervening events that occur subsequent to the defendant's negligent conduct will relieve
the defendant of liability.

(A) True

(B) False

Answer : (B)

13. If negligence of the plaintiff and negligence of the defendant proximately caused the injury and
damage sustained by the plaintiff, the plaintiff can recover some damages in those states where
contributory negligence is still recognized.

(A) True

(B) False

Answer : (B)

14. The Love v. Hardee's Food Systems, Inc. case dealt with the responsibility of the owner or
possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the
premises.

(A) True

(B) False

Answer : (A)

15. Even if a defendant's own negligent conduct created an emergency, he will not be liable for the
consequences of the conduct if he acted with care in the resulting emergency situation.

(A) True

(B) False

Answer : (B)

16. A violation of a statute constitutes negligence per se regardless of whether the injured party is a
member of the class protected by the statute.

(A) True

(B) False
Answer : (B)

17. In some instances, people may be held liable for injuries they have caused even though they
have not acted intentionally or negligently.

(A) True

(B) False

Answer : (A)

18. Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites
the newsboy, Tom will be strictly liable.

(A) True

(B) False

Answer : (A)

19. If a raccoon gets loose from a cage and harms someone, the owner can escape liability by
showing that he took great care to keep the animal confined.

(A) True

(B) False

Answer : (B)

20. Under the Second Restatement, the owner of land is liable to adult trespassers for failure to
maintain the land in a reasonably safe condition.

(A) True

(B) False

Answer : (B)

21. By law, bystanders are always required to help others in peril.

(A) True

(B) False

Answer : (B)

22. A widely applied test for causation in fact is the "but for" rule.
(A) True

(B) False

Answer : (A)

23. The duty of employers includes the duty to exercise reasonable care in hiring, training,
supervising, and retaining employees. This duty is independent of the vicarious liability of an
employer for an employee's tortious conduct during the course of employment.

(A) True

(B) False

Answer : (A)

24. If an intervening cause is deemed to be a superseding cause, it does not relieve the defendant of
liability for that harm.

(A) True

(B) False

Answer : (B)

25. A tiger gets loose from the tent of a circus and mauls a passerby. The circus claims it has always
treated the animal well and that it was not at all negligent in its handling of the animal. The circus
has no liability for the injury caused by the animal.

(A) True

(B) False

Answer : (B)

26. If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors, the
animal's keeper would be liable for any damages done by the dog's playfulness.

(A) True

(B) False

Answer : (A)

27. The plaintiff must prove that the defendant's negligent conduct proximately caused harm to a
legally protected interest in order to have a valid negligence action.

(A) True
(B) False

Answer : (A)

28. Express voluntary assumption of the risk is a defense to an action based upon strict liability.

(A) True

(B) False

Answer : (A)

29. Ray is informed that his six-year-old child is shooting in the street with a handgun. Ray fails to
take the gun away from the child. The child unintentionally shoots Bill, a pedestrian. Ray is liable to
Bill.

(A) True

(B) False

Answer : (A)

30. Under the Second Restatement, a licensee for purposes of tort law is a person invited upon land
as a member of the public or for a business purpose.

(A) True

(B) False

Answer : (B)

31. Under the Second Restatement, a possessor of land has a legal duty to warn business invitees of
obvious dangers that invitees should be able to discover themselves.

(A) True

(B) False

Answer : (B)

32. Res ipsa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent
conduct and causation from the mere occurrence of certain types of events.

(A) True

(B) False

Answer : (A)
33. In determining a defendant's liability for negligence, his or her superior skill or knowledge will
be attributed in applying the reasonable person standard, thus increasing the chance that the
defendant may be held liable.

(A) True

(B) False

Answer : (A)

34. If a defendant acts under emergency conditions, these conditions will be taken into account in
applying the reasonable person standard.

(A) True

(B) False

Answer : (A)

35. Negligence per se is a defense in a negligence case.

(A) True

(B) False

Answer : (B)

36. There is an established rule in the law of torts that even one who has not created a peril has a
duty to take affirmative action to assist an imperiled person, no matter what the relationship with
that person, when the imperiled person can be saved from harm at little or no personal risk to the
rescuer.

(A) True

(B) False

Answer : (B)

37. Robert, a salesperson for Brightway Home Products, made a sales call at the Todds' house. The
Todds have no duty of care toward Robert regarding the condition of their property since Robert was
not an invitee or a licensee.

(A) True

(B) False

Answer : (B)

38. Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.
(A) True

(B) False

Answer : (B)

39. In the majority of states, a defendant is liable for negligently inflicted emotional distress, even in
the absence of resultant physical harm.

(A) True

(B) False

Answer : (B)

40. Even though contributory negligence is proven by a defendant in a state in which it acts as a
complete bar to recovery, the plaintiff may still recover if the defendant had the last clear chance to
avoid the injury.

(A) True

(B) False

Answer : (A)

41. Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states
have now substituted the last clear chance doctrine for contributory negligence.

(A) True

(B) False

Answer : (B)

42. The "but for" test is useful when two or more forces, each of which is sufficient to bring about
the harm in question, are actively operating.

(A) True

(B) False

Answer : (B)

43. Some states have today merged the implied assumption of risk doctrine into their comparative
negligence systems.

(A) True

(B) False
Answer : (A)

44. All intervening causes of harm are also superseding causes.

(A) True

(B) False

Answer : (B)

45. While comparative negligence is generally not a defense in a strict liability case, contributory
negligence generally is a successful defense.

(A) True

(B) False

Answer : (B)

46. A number of states have abolished or modified the defense of implied assumption of risk.

(A) True

(B) False

Answer : (A)

47. For an action of negligence, six elements must be proved.

(A) True

(B) False

Answer : (B)

48. Under the Second Restatement, a possessor of land must warn licensees of dangerous conditions
of which the possessor has knowledge and the licensees do not and which they are not likely to
discover.

(A) True

(B) False

Answer : (A)

49. A duty to act is imposed on those whose innocent conduct has injured another and left him
helpless and in danger of further harm.
(A) True

(B) False

Answer : (A)

50. There are no defenses available for strict liability; it is imposed absolutely.

(A) True

(B) False

Answer : (B)

MULTICHOICE

51. Mark is out sailing in his boat one evening when he hears a young girl crying for help in the
middle of the lake. Which of the following is true?

(A) Mark must help the girl or he will be liable for negligence.

(B) Mark must help the girl only if he knows her.

(C) Mark must help the girl if he is the girl's uncle.

(D) Mark must help the girl if he begins to rescue her and increases her danger.

Answer : (D)

52. By law, all apartment buildings in the state where Mary lives must have smoke alarms in the
ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not
yet installed. To win a negligence action against the building owner, Mary would have to prove:

(A) a duty existed toward her.

(B) a breach of that duty.

(C) injury and causation.

(D) All of these.

Answer : (C)

53. Which of the following is correct with respect to the reasonable person standard?

(A) It makes allowance for mental deficiency.

(B) It makes allowance for physical disability.


(C) It applies an individualized test to children that takes into consideration the child's age,
intelligence, and experience.

(D) Two of these but not all of these.

Answer : (D)

54. If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing
the street, Janice is liable for:

(A) physical injuries Paul sustains from the collision because Janice's negligent conduct proximately
caused harm to a legally protected interest.

(B) offensive contact if her side mirror brushes against Paul, even if there are no physical injuries to
him.

(C) offensive contact if her car touches Paul's coat, even if there is no damage to the coat.

(D) All of these.

Answer : (A)

55. The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the
following situations?

(A) A ladder rung broke under the weight of a worker's foot.

(B) A sign over a storefront fell on your head.

(C) A patron of a restaurant slipped on a wet spot on the floor and hit her head on a chair.

(D) All of these.

Answer : (B)

56. Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a
parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but
hit her. What is Chris's best defense to the charge of negligence?

(A) Mindy had a mental deficiency.

(B) He was not negligent since he did not have a statutory duty to keep his brakes in top condition.

(C) Mindy crossed in the middle of the street, which is against the law.

(D) He was lawfully seeking a parking place and did not see her jump out.

Answer : (C)

57. Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into
Bob's yard next door. It landed on the lawnmower which exploded, setting fire to the wooden lawn
furniture. Henry's best argument against liability to Bob would be:

(A) the leaf was not a substantial factor in causing the damage.

(B) the gasoline in the lawnmower is a superseding cause of the damage.

(C) it was not foreseeable that the lawnmower would explode.

(D) the damage was not caused by the leaf but by the gasoline.

Answer : (C)

58. An action for negligence consists of which of the following elements which the plaintiff must
prove?

(A) Injury.

(B) Res ipsa loquitur.

(C) A reasonable person.

(D) All of these.

Answer : (A)

59. Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then
Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to
catch a football and hit the grill, knocking the coals onto his feet. In a pure comparative negligence
state, who is liable?

(A) Sally is liable for ALL of Pat's injuries.

(B) Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against
her.

(C) Sally is not liable for any of Pat's injuries.

(D) Sally is liable for Pat's injuries only if Pat was more negligent than Sally.

Answer : (B)

60. Which of the following would not be considered an abnormally dangerous activity, subjecting the
person who carries it out to strict liability?

(A) Pile driving.

(B) Transmitting gas through a gas pipe.

(C) Collecting water in a dangerously large quantity.


(D) Emitting noxious fumes in a subdivision.

Answer : (B)

61. Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless,
some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked
corn for the chickens. The chickens died and the neighbor sues. What is the likely result?

(A) Cal is not liable because he was not negligent in his spraying operation.

(B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so
close to the fence.

(C) Cal is liable because spraying pesticides is an abnormally dangerous activity.

(D) Cal is not liable for the damage because of contributory negligence.

Answer : (C)

62. If a statute is found to be applicable to a fact situation, then the courts will hold that an
unexcused violation of that statute which causes an injury to another is:

(A) strict liability.

(B) res ipsa loquitur.

(C) negligence per se.

(D) assumption of the risk.

Answer : (C)

63. The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the
doctrine of:

(A) res ipsa loquitur.

(B) foreseeability.

(C) negligence per se.

(D) assumption of the risk.

Answer : (B)

64. Which of the following is/are considered in determining the application of the reasonable person
standard?

(A) Physical disability.


(B) Superior skill or knowledge.

(C) Emergency circumstances.

(D) Each of these are considered.

Answer : (D)

65. The rule which permits the jury to infer both negligent conduct and causation from the mere
occurrence of certain events is:

(A) proximate cause.

(B) res ipsa loquitur.

(C) causation in fact.

(D) comparative negligence.

Answer : (B)

66. William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while
he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his
injuries:

(A) he will lose, because it will be impossible for him to prove that the bottle was overpressurized by
the bottler.

(B) he will lose, because the bottling company has no duty to him.

(C) he will probably win if the court allows him to use the res ipsa loquitur doctrine.

(D) he will win based on the last clear chance rule.

Answer : (C)

67. Sarina goes to Marlin's Department Store to look for clothes. The store happens to be in the
process of remodeling, and there is a lot of clutter in the aisle. Sarina trips over the clutter and is
injured. Under the Second Restatement, Sarina's status with regard to the store is that of:

(A) licensee.

(B) business visitor.

(C) public invitee.

(D) trespasser.

Answer : (B)
68. As a general rule:

(A) the defenses available to intentional torts and negligence are interchangeable.

(B) if a plaintiff has established by a preponderance of the evidence all the required elements of a
negligence action, the plaintiff will automatically recover damages.

(C) any defense to an intentional tort is also available in an action for negligence.

(D) more defenses are available for intentional torts than are available in negligence cases.

Answer : (C)

69. A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered
when determining whether conduct was reasonable in a negligence lawsuit.

(A) res ipsa loquitur.

(B) duty to act.

(C) emergency.

(D) None of these.

Answer : (C)

70. The local supermarket has a large, glass front door which is well lighted and plainly visible.
Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it,
shattering the door and injuring himself. Under the Second Restatement, the store:

(A) is strictly liable to Nelson.

(B) is not liable to Nelson since the door was well lighted and plainly visible.

(C) would be liable under the doctrine of res ipsa loquitur.

(D) has no duty to Nelson.

Answer : (B)

71. Stan doesn't like having neighborhood teenagers walk across his yard at night. He rigs an
animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends
are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his
injuries. Stan:

(A) has the right to strongly discourage anyone from trespassing, and Tim was a trespasser.

(B) has no duty toward Tim.

(C) is not free to inflict intentional injury on a trespasser.


(D) All of these.

Answer : (C)

72. Seventeen-year-old Brice has just received his driver's license. He is driving a little too fast one
day and slams into the back of another car, which has just stopped for a stop sign. In most states:

(A) since Brice is engaging in an adult activity, he will be held to the same standard as an adult.

(B) since Brice is a minor, he will have no responsibility for his torts.

(C) Brice's parents are responsible for any torts he commits.

(D) Two of these are true.

Answer : (A)

73. In determining the duty of care owed by a defendant using the reasonable person standard, the
court will consider which of the following factors?

(A) The existence of emergency conditions.

(B) A physician's training and years of experience.

(C) A person's severe mental retardation.

(D) Both the existence of emergency conditions and also a physician's training and years of
experience.

Answer : (D)

74. Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third
parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from
leaving the keys in their car if the car is unattended, is likely to be characterized as:

(A) negligence per se.

(B) res ipsa loquitur.

(C) contributory negligence.

(D) assumption of risk.

Answer : (A)

75. The harshness of the contributory negligence doctrine has been mitigated by:

(A) the last clear chance rule.

(B) comparative negligence.


(C) assumption of risk.

(D) both comparative negligence and the last clear change rule.

Answer : (D)

76. A form of strict liability applies to all except which of the following situations?

(A) A lawnmower sold in a defective condition that injures its owner.

(B) A fireworks factory that blows up and injures townspeople and their property.

(C) Abnormally risky medical procedures.

(D) A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses.

Answer : (C)

77. Defenses to an action in strict liability include:

(A) contributory negligence only.

(B) contributory negligence and comparative negligence.

(C) comparative negligence only.

(D) express voluntary assumption of risk and in some states comparative negligence.

Answer : (D)

78. In Soldano v. O'Daniels, the court re-examined the common-law rule of nonliability for not taking
affirmative action to save someone from peril. The court considered which of the following factors
with respect to imposing duties for affirmative action by third parties?

(A) The examination and balancing of intervening causes and physical capabilities.

(B) The financial duties of victim to rescuer.

(C) Moral blame attached to the defendant's conduct and the policy of preventing future harm.

(D) Moral blame attached to the victim's conduct.

Answer : (C)

79. Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car
in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator
instead of the brake and ran into Arnie's car. In this case:

(A) Arnie's contributory negligence will prevent his recovery from Beth in all jurisdictions.
(B) Beth had the last clear chance to avoid the accident and will bear legal responsibility for it.

(C) Arnie has assumed the risk of the accident.

(D) because both parties were negligent, in a state that follows the pure comparative negligence
doctrine, both parties will share the liability for their injuries.

Answer : (D)

80. While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking
across the street. When the case came to trial, the jury determined that Carl was 40% negligent and
that Darla was 60% negligent. Darla's injuries are $10,000. If this accident occurred in a state
following the modified comparative negligence theory of recovery, Darla will:

(A) recover $10,000.

(B) not recover anything.

(C) recover $6,000.

(D) recover $4,000.

Answer : (B)

81. Garnett, who was driving too fast for conditions, collided with a truck carrying explosives. The
truck was unmarked, so Garnett had no way of knowing what it contained. The collision caused an
explosion, which shattered glass in a building a block away. The glass injured Ida, who was working
inside the building. John, who was walking down the street near the site of the collision, was
seriously burned as a result of the explosion. In this case:

(A) Garnett's negligent driving is the proximate cause of Ida's injury.

(B) Garnett's negligent driving is the proximate cause of John's injury.

(C) both Ida and John are within the zone of danger of the collision.

(D) All of these.

Answer : (B)

82. Under the Third Restatement, possessors of land:

(A) owe varying duties to entrants onto the land depending on their status.

(B) owe the same duty of reasonable care to all entrants on the land except for a category of
entrants called "flagrant trespassers."

(C) owe "flagrant trespassers" a duty of reasonable care, but owe others a duty to warn them of
dangerous activities and conditions of which the possessor has knowledge or reason to know and
which the entrant does not know and is unlikely to discover.
(D) have the duty of reasonable care only with regard to artificial conditions on the land that could
pose risks to entrants on the land.

Answer : (B)

83. The reasonable person standard is:

(A) external and objective.

(B) external and subjective.

(C) internal and objective.

(D) internal and subjective.

Answer : (A)

84. Which of the following is a defense that a defendant could raise in an action based on strict
liability?

(A) The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and
was injured from the operations.

(B) The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of
which the car was damaged.

(C) A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased
the pet and was bitten.

(D) All of these are valid defenses which would be successful if raised by the defendant.

Answer : (B)

85. A ninety-year-old patient walked away from a nursing home and wandered onto some nearby
railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later
a train approached. The engineer saw the man on the track and could have stopped, but the train's
brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad
for negligence in a state that follows the contributory negligence doctrine. In this case,

(A) the patient has assumed the risk of wandering onto the railroad tracks.

(B) because the patient was contributorily negligent, the railroad has no liability.

(C) the train had the last clear chance to avoid the accident, so the patient's contributory negligence
does not bar his estate's recovery.

(D) the train's striking of the man was an intervening cause, so the railroad company was negligent.

Answer : (C)
86. In which of the following situations would a court be likely to find that the witness to the
situation had an affirmative duty to act?

(A) Where a pedestrian witnessed an auto accident in which one of the drivers was injured.

(B) Where an airline attendant witnessed one passenger threaten another passenger.

(C) Where the driver of a car saw a two-year-old toddler wandering in the middle of a busy street.

(D) All of these are situations where legally there is an affirmative duty to act.

Answer : (B)

87. Under the Second Restatement, the duty of a possessor of land to persons who come on the land
usually depends on whether those persons are:

(A) invitees, trespassers, or licensees.

(B) reasonable persons.

(C) fiduciaries.

(D) involved in abnormally dangerous activities.

Answer : (A)

88. Which of the following are activities that give rise to strict liability?

(A) Performing abnormally dangerous activities.

(B) Selling defective, unreasonably dangerous products.

(C) Keeping animals.

(D) All are correct.

Answer : (D)

89. A principal factor that the courts consider in determining limitations on the causal connection
between the defendant's negligence and the plaintiff's injury is:

(A) negligence per se.

(B) unforeseeable consequences.

(C) superseding causes.

(D) Both unforeseeable consequences and superseding causes are factors.

Answer : (D)
ESSAY

90. Identify the elements a plaintiff must prove in an action for negligence.

Graders Info :

An action for negligence consists of the following five elements, each of which the plaintiff must
prove: (a) duty of care (that a legal duty required the defendant to conform to the standard of
conduct established for the protection of others); (b) breach of duty (that the defendant failed to
exercise reasonable care); (c) factual cause (that the defendant's failure to exercise reasonable care
in fact caused the harm the plaintiff sustained); (d) harm (that the harm sustained is of a type
protected against negligent conduct); and (e) scope of liability (that the harm sustained is within the
"scope of liability," also called "proximate cause").

91. What is the difference between contributory negligence and comparative negligence? Why have
so many states adopted comparative negligence?

Graders Info :

Contributory negligence is a failure of a plaintiff to exercise reasonable care and that legally causes
the plaintiff's harm. It is normally a complete bar to the plaintiff's recovery. Comparative negligence
is a more recent doctrine that allows a jury to apportion fault between parties. States have adopted
comparative negligence to avoid the harshness of the contributory negligence doctrine.

92. What activities give rise to strict liability and what defenses are available to strict liability?

Graders Info :

Strict liability, or liability without fault, arises from (a) performing abnormally dangerous activities,
(b) keeping animals, and (c) selling defective, unreasonably dangerous products. Abnormally
dangerous activities are those that (a) create a foreseeable and highly significant risk of physical
harm even when reasonable care is exercised by all actors and (b) are not a matter of common
usage. Examples include blasting, crop dusting, drilling for or refining oil in populated areas.
Trespassing animals or any action by a wild animal generally causes strict liability for the owner.
Merchant sellers and manufacturers who sell goods in a defective condition unreasonably dangerous
to the user or consumer are held strictly liable. Contributory negligence is not a defense to strict
liability. However, comparative negligence is available in some states for some types of strict
liability. Express voluntary assumption of risk is also a defense to strict liability.

93. Assume you are the judge in the Palsgraf case.

Analyze the fact situation in terms of the elements that need to be proved in
a.
a negligence case.
Why did Mrs. Palsgraf lose the case? What in the fact situation makes it
b.
difficult to establish a prima facie case of negligence?
Graders Info :

The elements of a negligence case are: breach of a duty of care, factual


cause, proximate cause, and harm. The railroad porter was assisting a
passenger to board the train. That in itself was not a breach of the railroad's
duty to Mrs. Palsgraf. The employee had no way of knowing that the
passenger was carrying explosives in his package. The harm to Mrs. Palsgraf
a.
was not foreseeable from the porter's action in assisting the men onto the
train. Since the harm was not foreseeable, it was not a proximate cause of
the harm. Mrs. Palsgraf was injured and may have had a case against the
man carrying the package, but that did not automatically mean that she had
a strong case against the railroad.
Mrs. Palsgraf lost because her injury was not a foreseeable result of the
action of the railroad personnel. It is difficult to establish a prima facie case
b. of negligence against the railroad, because the act of the railroad in helping
a passenger to board the train was a remote cause of the injury which Mrs.
Palsgraf sustained.

94. What is the reasonable person standard? How is it applied to each of the following types of
people?

a. Children
b. Persons with physical disabilities
c. Persons who are mentally retarded
Professional people with advanced degrees and training, such as doctors,
d.
lawyers, and accountants
e. Persons acting in emergency situations
f. Persons who violate statutory duties

Graders Info :

The "reasonable person" is a fictitious individual who is always careful and prudent and never
negligent. The reasonable person is a standard of conduct which is external and objective.
Children must conform to the standard of a reasonable person of like age,
a.
intelligence, and experience under like circumstances.
b. The standard is that of a reasonable person under like disability.
A mentally retarded person is held to the standard of conduct of a reasonable
c.
person who is NOT mentally deficient.
Persons who practice a profession are held to the same care and skill
d.
normally possessed by members of their profession
e. Emergencies are taken into consideration.
If the statute is found to be applicable, the majority of courts hold that an
f. unexcused violation is negligence per se; that is, it is conclusive on the issue
of negligent conduct.
95. In responding to the previous question (Question 5), think about and then discuss why in your
analysis the reasonable standard of care differs for the above listed categories of individuals. Is
there any logic on which to base these differences because of societal need and expectations? Does
justice demand a different result? Why would the courts make these distinctions?

Graders Info :

The courts have not been merely arbitrary in coming to the distinctions. The distinctions are based
on what a reasonable person can expect from such individuals, what usually occurs in the majority of
situations, justice, and the perennial fear the courts have of being flooded by cases that have no
solution.
Children vary in their capabilities, responsibilities, and what their parents will
allow them to do. Third parties dealing with children who may be negligent
deserve some protection. However, minor children cannot be held to the same
a. standards as adults. Generally, the third person is aware of dealing with a
child and can respond accordingly. In the case of a child performing an adult
activity, a third person's expectation can understandably be that the child
should behave as an adult would.
People who deal with others with physical disabilities are generally put on
notice by the physical appearance of the disabled person that they are indeed
dealing with someone whose physical capabilities will be different from those
who are not physically challenged. Therefore, parties dealing with physically
challenged people can react accordingly to protect themselves from harm or
b.
at least make adjustments in their actions. Example: If you left your child at a
day care with a caregiver who was confined to a wheelchair, you would be on
notice, assume the risk, that without taking additional precautions, the
provider may not be able to do some physical activities that may be necessary
in some emergencies.
Persons who are mentally retarded. In contrast to the above analysis, the fact
that persons who are mentally retarded or otherwise mentally impaired may
not be discernible. Therefore, persons dealing with them may not be on notice
of their capabilities. The courts are concerned also about the floodgates
c. problem: People may use mental impairment as a defense in the extreme, i.e.,
"My I.Q. is a few points below what is average for childcare providers in this
country and so I should be excused from all liability," or "I was under a great
deal of stress and suffering from neurosis and so I should have a lower
standard of care ascribed to me."
Professional people with advanced degrees. It would be unjust, a windfall of
d. excusable neglect to ascribe to these people a standard of care lower than
their actual knowledge.
Persons acting in emergency situations. Emergency situations bring to bear
their own set of factual circumstances that call for immediate judgment of the
actions involved. It would be unjust to ignore the unique pressures, factual
e.
circumstances, and human differences in emergencies and hold people acting
in such situations to the same standard of care as people in calm, reasonable
circumstances.
Persons who violate statutory duties. We are all held to be knowledgeable of
the law, whether we are actually aware of a particular law or not. If we were
not, people could use as an excuse that they did not know of a law. Once
again, the floodgates problem would raise its head. Also, courts generally
defer to legislative judgment in creating statutes. If the legislature deemed it
f.
of societal value to promulgate a particular statute, then the courts are bound
to enforce it. These kinds of statutes are designed to avoid the problems of
proof of standard of care and breach of duty. The harm is either of such a
serious nature, or so prevalent, that the legislature has seen fit to treat the
problem with a negligence per se statute.

96. Jack is a trucker who makes his living moving modular homes. This is a dangerous business in
that the portions of the houses, when on the truck, are wider than the road lanes. Also, Jack
frequently has to travel much more slowly than the other vehicles on the road. One day Jack, on his
way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the
opposite direction with the words "High Museum Exhibits" on the truck panels. When Jack swerves
to avoid a bicyclist, the High Museum truck runs off the road and tumbles down an embankment. No
one is harmed, but the painting exhibit being transported is damaged. Discuss the various theories
of negligence that might be applied here and why they would be appropriate.

Graders Info :

The first question that needs to be addressed is whether the plaintiff would be successful using the
strict liability theory or if simple negligence would be appropriate. In discussing strict liability the
student must articulate that Jack was involved in an abnormally dangerous activity. The elements of
what constitutes an abnormally dangerous activity would need to be discussed. The student should
discuss (a) the high degree of risk or harm involved and (b) that the activity is not common.
In discussing simple negligence the question becomes whether meeting the museum exhibit truck
was foreseeable and whether the museum assumes any risk. The bicyclist may be discussed in the
context of whether he would be considered a superseding cause.

97. Robin owns a dog. If there are no applicable statutes, what is her liability for damage if her dog
digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her
neighbor's flower garden is the wild orangutan she owns?

Graders Info :

Keepers of animals are generally held strictly liable for harm their animals cause by trespassing on
the property of another. However, keepers of dogs and cats are liable only for negligence unless a
statute or ordinance imposes strict liability. Therefore, Robin would be liable if she had been
negligent in allowing her dog to damage her neighbor's flowers, but would be strictly liable for any
damage her trespassing orangutan causes.
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Repeat the same procedure the next day. Vary the introduction
somewhat, like this: “I want you to do this just as you did yesterday,
except that I want this margin over here on the right side to be on a
straight line. Wait till I take this ruler and show you.” Lay the ruler
lengthwise of the sheet you want the pupil to write on, so that you
can take your lead pencil and make a line about an inch from the
right side of the page. “Now, when you have written out to this line
here, then stop and begin on the next line like this:” (show the child
how you write a sentence and begin on the next line). It would be
well if the sentence which you use as an example were to be one that
would express some familiar thought about the child’s immediate
interests, such as his favorite sport. Leave the child’s desk as you
were advised to leave it the day before and also return as before and
approve that which the pupil does well, either saying absolutely
nothing about the careless parts or suggest incidently that the pupil
could help such and such a part by doing this or that thing to it. Be
sure to end your remarks by some such expression as, “That’s good,”
or “That’s fine.”
(3) Learning to Draw. Not infrequently it Lower Grades
happens that a pupil comes into school who
has never learned to draw and who, feeling his inability to
accomplish the task set for him in the drawing lesson, refuses to
make any attempt to do so. Especially is this true if the picture is to
be drawn from imagination. In such a case it is best to begin with
copying. When this art is learned, drawing from imagination will be a
comparatively easy step.
For example, choose a very simple picture for the child to
reproduce on another piece of paper. It is a good plan for a teacher to
have at least a dozen or more pictures in one drawer of his desk all
the time, because many pupils like to draw and copy pictures and it
is an excellent way to get them interested in other work. Present the
picture of some ordinary scene. Tell the pupil before he begins that
you are going to make a collection of pictures which your pupils
draw. The picture need not have much life in it to start with, but right
here we make use of the child’s imagination to wonderful advantage.
Suppose the picture, which you have in hand, shows a tree or two, a
house, a couple of bushes or any kind of natural objects whatsoever.
Talk to the pupil in this fashion, pointing to different parts of the
picture with your pencil and have your face near the picture,
indicating interest and enthusiasm as you talk: “Now, right behind
this tree here, I want you to draw a boy, sticking his head out from
behind the tree. And right over here, where I make this little cross
mark, I want you to draw a little girl hiding behind this bush. We will
suppose they are playing ‘Hide and Seek.’ Right over here, between
this tree and the house, draw a boy’s hat. Maybe he has lost it while
he was running to hide. You know how to make a hat. Just like this:”
(draw a very simple hat, merely making a straight line and a semi-
circle connecting two points in it.) “Maybe you can draw a better one
than that. I’ll come back to your desk pretty soon and see what kind
of a hat you drew and also that little boy sticking his head out from
behind the tree. Is your pencil sharp enough?”
The child will say that his pencil is all right. Then leave him at once
and in ten or fifteen minutes return. Go back with this one thought in
mind, that you will say nothing at all except that which is
complimentary. For example, say, “Well, I should say you can draw. I
believe you made a better hat than I did. Now this afternoon, I am
going to give you something else to draw. Maybe a pony with a boy
on his back and a girl riding in the pony cart. You are going to be
good at drawing things for me, I know. I want to keep all of your
drawings after you have finished them for me.”
In case the child should interrupt and ask to draw the pony right
away instead of waiting until afternoon, answer by saying, “I will
have the picture ready for you after dinner and then I will bring it to
you.”
Of course, it is not necessary to use the exact words we have
suggested, or to use the same pictures or even to use pictures at all.
The important point is to offer something that is at once interesting
in order to get the pupil started in drawing. Do not insist much upon
regular lessons during the first day or two in which your chief
problem is to get the pupil’s confidence.
After the child has learned to like to do the things which you
suggest present more difficult, or even purely imaginative, subjects
for drawing.
Use the same method in getting the child to take an interest in
other subjects than drawing—that is, give him very small tasks, then
approve and compliment him on his ability. This will bring good
results with any pupil who is normal.
As a transition step between mere copying and drawing wholly
from the imagination, and also to give the timid child confidence
enough to come to the blackboard to draw in the presence of other
children, the following might be tried.
Having the confidence of the little pupil, go to his desk just before
school closes in the evening and say, “I would like for you to stay just
a moment after school. I want to tell you something.”
After most of the pupils have marched out, return to his desk,
begin to talk enthusiastically about a picture which you have. Tell
him to follow you and you will try to draw it. Then after reaching the
blackboard and picking up a piece of crayon, say, “Now, I am going
to draw this man’s face and I want you to draw his eyes.” Let it take
you about a minute to draw the outline of the man’s face, talking all
the time about how well you like to draw pictures, then say, “Now
let’s see if you can draw his eyes. Make a mark right there” (point to a
spot). “Good! Now draw his other eye. Good! Now his ear. Make a
mark right here” (point to a spot). “My, that’s fine. See, what a fine
man you drew.” Start to leave the blackboard and say, “I’m going to
have you draw for me again.”
Repeat this process every day until you feel sure that the child will
go to the blackboard and work in the presence of yourself and the
class.
DIVISION VII

Only through the gateway of personal experience does the child enter into the
larger understanding of the thought and achievement of humanity.
CASES ARISING OUT OF THE SOCIAL
INSTINCTS

1. The Unsocial Child


Every teacher knows of a first grade child that came moping when
all the other pupils were in high glee, that stood by himself when
others were enjoying a game, that preferred to come to school alone
and to saunter home alone, that took no part in any of the activities
that always interest other youngsters, that even seemed indifferent to
the friendly approaches of playmates and teacher. There may be no
particular harm in having such a child in school, but should he carry
such traits into adult life, they would prove a serious handicap; so it
is important that the teacher should attempt to help him to throw off
his peculiarities. This can be accomplished very easily. In attempting
a cure she should not make the child feel that she thinks him
different from other pupils.
The best place to begin helping the child is on the playground. Talk
to him about the interesting features of the games. Though he may
not at first show interest, the teacher should keep this up for several
days, until he has learned to know the teacher as a friend. Then she
can invite him to join in the games. It is only an abnormal child that
will not enter into the sport after repeated invitations.
After the child has taken an active part in the games, the teacher
may begin to pay special attention to him in the school-room. To
cause the child to eliminate his peculiarities is entirely a matter of
arousing his devotion to those things which interest other children.
The teacher should appeal to his interests until she has won his
complete confidence. Then she should introduce him to a new
activity. Little by little she will displace the child’s peculiarities with
abiding concern in all those things that interest the other children.
The individual who reaches mature life still possessed of
characteristics that make him an exceptional person is likely to lead a
more or less isolated life unless his peculiarities are such as to make
him acceptable as a leader. Under ordinary conditions, “society tends
to penalize those who do not conform to its customs, its standards,
its attitudes.” This is true even of the unsocial, or non-social
individual; still more does it hold in respect to the anti-social
member of the group.
2. Anti-Social Tendencies—Selfishness, Jealousy, Cliques and
Snobbishness
(1) Selfishness. Selfishness is a trait of character that has always
elicited severe criticism from society. Its manifestations are so
conspicuous that they provoke men to despise and avoid the
confirmed egoist. It is an anti-social trait, hence deserving of the
opprobrium placed upon it, yet it is the basis of all the social virtues,
hence the place which is here given to it in the division on “Social
Instincts.”
We may well believe that selfishness was a universal trait of the
race in its infancy. By this is meant that every individual instinctively
seeks to care for his own interests above those of anyone else. All
during the earlier months, and perhaps years, of one’s childhood, he
measures the world in terms of its service to his own comfort and
pleasure. As one who merges into later childhood and into adult life,
he normally narrows the play of this trait of character, and inhibits
those impulses which, if followed out, would make him a selfish
person. Adults who are justly accused of being selfish are persons
who have never fully profited from their contact with their fellows,
nor have they learned how to suppress adequately their own personal
desires and demands.
Selfishness is a relative term. This is due to the fact that
individuals differ from each other widely in the matter of natural
endowments. The standard of measure used in judging selfishness in
people is both individual and social. Most frequently the charge of
selfishness is lodged because an individual is not as unselfish as the
group in which he most often appears, but in fairness he must also be
judged with an eye to the intensity of his native egoistic impulses.
From this point of view, what may be selfish in one person is not
selfish in another.
The misunderstanding of children in interpreting their apparent
selfishness is very easy. The traditions of the home may have
accentuated the natural propensity to care for their own interests
beyond that which would have been the case had they had other
surroundings.
Furthermore, the known variation in natural endowments, and in
the responses to social influences, require one to be lenient in
passing judgment upon selfish people.
As commonly understood, the selfish Its Nature
individual is one who exhibits an excessive
concern for his own welfare, who tends to regard himself as a little
god, watching every opportunity to satisfy his desires, tastes,
impulses and pleasures. He measures every passing circumstance in
terms of its value to him. Even the occasional acts of kindness which
he renders to another are planned so as to bring him the largest
returns financially or socially.
We must not forget that selfishness is an indestructible instinct of
human nature. On this instinct is deeply engraved the law of self-
preservation. Experience in associating with ones’ fellows shows to
an ordinary person how far he must take precautions in order to
maintain his own welfare, but in the case of a few, as we believe,
results of experience have not given the wisdom which renders them
unselfish.
We are never to forget that the will to live underlies and overtops
all other interests and desires in the life of the individual. No sane
method will attempt to suppress this impulse, for out of it spring all
the impulses that induce the individual to seek his fortune and win
success in life.
For the better understanding of Causes
selfishness in children, it is well to survey
some of the general causes that operate in prolonging selfishness
into later childhood and adult life.
First of all, we mention misconception of one’s actual need. By this
we mean that a child overestimates his need for some object that
interests him. He “wants” it very much, as we say. He is unable, by
reason of his immaturity, to estimate accurately his own necessities
in the case. Another specific cause of selfishness is a wrong estimate
of the value which belongs to the object of his eager desire. For these
reasons he is willing to pay too high a price to satisfy himself with
that which, if he were better informed, he could forego with little
discomfort.
Again, the attainment of success after long and victorious effort
may beget in one a spirit of selfishness. Not infrequently a student
who has solved a difficult problem after painstaking toil, hesitates to
pass on the fruits of his labor to a classmate. He reasons that the
expenditure of energy which he has suffered is worth too much to be
lightly transferred to another person. Particularly will this be the
case if the sharing of his gain will reduce the lustre of his own glory.
Another particular cause of selfishness, both in adults and in
children, is the transition from poverty to plenty, from obscurity to
prominence, from disesteem to fame. If the father or mother has
recently emerged from some retired station in life, the contrast in the
situation is very sure to be reflected in the life of the younger
members of the family. If the change is from poverty to wealth, the
parents are disposed to be miserly in the expenditure of their money.
This attitude of mind reappears in the child in a refusal to share his
pleasures and privileges with his schoolmates. He carries with him a
caution to see that no one trespasses upon his newly achieved rights.
In our western civilization such extreme transitions are not
infrequent, owing to the freedom of opportunity for all.
Many times people who are not widely acquainted with the world
are selfish because they do not believe in the good will of others. This
state of mind is very often found in young children who have not yet
advanced beyond a sort of savagery in which they regard every man
as a possible enemy. They refuse to give up to their associates
because they do not believe any return will come to them. They fear
that all of their possessions will be ravaged and appropriated, and so
exercise excessive caution in lending them or in making presents to
their friends.
It is not unusual that certain interests of some society, class, or
club, are so vividly conceived as to modify the attitude of the entire
group.
A fraternity or literary society or a senior class in a high school
may hold inflated ideas of their importance, and think necessarily
that school interests should rotate around their welfare. Individuals
who belong to the club or society become intoxicated with this
notion, and exhibit an almost barbaric class-selfishness.
With these and other incentives to selfishness, the situation facing
a conscientious teacher is by no means simple. Since selfishness is a
very intimate trait of character, the question might be raised why a
teacher could take interest in curing children of selfishness. The fault
has been generated very largely in the home, and the cure should,
naturally, be largely a matter of home concern.
Nevertheless the public school teacher Cure
has a large responsibility. He must attempt
to improve the character of the child in every way possible.
Obviously, the cure of selfishness can be had only by associating with
other people. It depends upon the teacher to manipulate these
associations in school so as to aid in reforming character at this
point.
Just as clearly, the more startling instances of selfishness
necessitate care that the rights of other pupils be preserved. This
happens so frequently as to demand no elaborate argument.
The teacher’s concern for the general improvement of the moral
life of the school requires that striking instances of selfishness should
be adequately dealt with.
Lastly, selfishness is a prolific source of other wrongs. If an
administrator can cure a selfish child, he has nipped in the bud a
whole harvest of undesirable actions and immoral deeds.
No teacher would ever think of punishing First Grade
a first grade child in any way whatever for
being selfish. The selfish child is usually an only child or has been
made selfish in his desires, by home training. The teacher can do
much to overcome selfishness. When a pupil enters the first grade,
for the first time, he comes in contact with other children and into
surroundings that are new. This is the teacher’s opportunity. The
chances are that the child will often display selfish tendencies. It is
necessary that the teacher have the child’s confidence, but by this
time it is assumed that the teacher has many avenues already
mapped out by which to get this needed confidence. Then the thing
to do is to teach the child unselfishness each time he displays selfish
tendencies. It will take but a few weeks to effect some change in the
selfish child.
In extreme cases it may be well for the teacher to give the child
something for the express purpose of asking him to share it with his
playmates—candy, pictures or any little, inexpensive article that a
child enjoys.
For example, if the teacher has given candy, she may say, “Now,
break it in two pieces and give one piece to Mary.” When the child
has done so the teacher should approve the act. It will incline the
child away from selfishness for the teacher to say, “You are kind to
give Mary some of your candy.” “I like the way you divide with
others,” or, “You like to give things to others, don’t you?” This last
statement of approval will require the child to reply, “Yes.” This is a
necessary positive reaction of the child and a few trials like this may
overcome his selfishness.
The trait of selfishness, while not very annoying in the first grade,
must be suppressed, for if left to develop, it becomes very annoying
in the upper grades. Nothing seems worse than a selfish pupil in the
grammar or high school. And no one needs an introduction to the
avaricious man of the world who got his first lessons in greed
through selfishness in childhood. For the sake of emphasis, then,
may it be said again that there is no more opportune time to
overcome these undesirable traits in a child, than when he first
enters a new world of acquaintances and experiences in the first
school year.

CASE 124 (FIRST GRADE)

The spoiled child has two dominating characteristics—an intense


selfishness and an insatiable appetite for attention. The teacher’s
problem is therefore two-fold, first, to reduce his self-consciousness
by increasing his interest in the world about him, and, secondly, to
enlist his sympathies for others so as to increase his altruism and
supplant his selfishness with a wholesome socialization.
Karen Gompers was a very bright little Spoiled Child
girl whom adoring parents, aunts,
grandparents and enlisted friends had quite spoiled. She expected
her teacher to give her the constant attention she enjoyed at home,
and resented the fact that Miss Nelson seemed to think each of forty
other children as important as she was.
“I want to sit by you,” she announced as her class seated itself in
the circle of little chairs. “I like to be here.”
“You can’t sit by me today, Karen. It is Wilson’s and Eunice’s turn.
You may sit in that empty chair over there.”
“But I don’t want to! I want to sit here!” and she stood stoutly by
the coveted chair. All the other children were watching her, and she
was enjoying her prominence in the scene she was creating. Miss
Nelson hated a scene above all things, and prided herself on the
perfect mechanics of her teaching.
“Well, Wilson, suppose you let Karen sit here today—that’s a good
boy.”
“But you promised me I could!” There were sudden tears in
Wilson’s eyes.
“I’ll let you sit here another day, Wilson. Be a little gentleman, and
remember that gentlemen give up their chairs to girls.”
So Karen had her way because she had learned the despotism of
the selfish, who secure their ends by sheer insistence. Wilson lost his
faith in his teacher’s word, which did not tend to make him a
gentleman, and Miss Nelson proved herself a coward in consenting
to sacrifice Karen’s good to her own dislike of a conflict.

CONSTRUCTIVE TREATMENT

There are occasions when a definite issue for the mastery occurs in
the school-room, and this was one of them. Miss Nelson had no right
to break her promise to a docile and obedient child, and reinforce the
habitual selfishness of a spoiled one. She should have insisted that
Karen take her turn with the rest, and if Karen had stormed it would
have given her a good opportunity to show her that her usual
methods would not work in school. The angry storming of a spoiled
child is usually done with an alert eye to the effect produced on the
audience; therefore, if Karen had wept and wailed, she should have
been carried out into the hall, where she might have been left in
lonely state to recover her good temper. Usually one or two such
trials convince a spoiled child that he has met his match, and if such
children are followed by tactful guidance, and especially if attention
can be diverted away from themselves, the worst-spoiled children
can in time be thoroughly socialized.

COMMENTS

In every case, the object of the teacher’s treatment is to show the


child that he must conform to the conditions of the social group he
belongs to, instead of fixing conditions to suit himself. She should
remember, however, that real unselfishness has not been attained
until the child voluntarily surrenders some fancied good. Coercion
may sometimes be a stepping stone in leading a child toward the
goal, but it is only a stepping stone. True unselfishness requires that
the child himself deliberately make the choice that crowns another
with the happiness that he desired for himself.

ILLUSTRATION (KINDERGARTEN)

Elmer Bronson, an only child, had a Substitute


difficult task in adjusting himself to his Altruistic Ideal
social environment when, at the age of four, he entered the public
school kindergarten in Grand Rapids, Michigan. At home all
playthings had been his, with none to molest or take away. Moreover,
as the grown-ups in his home were very indulgent, practically all
objects that he desired to have were placed at his disposal.
But at school a new order seemed to prevail. Elmer not only was
not allowed to appropriate many interesting looking objects that lay
about on desks and tables, but at times he was not even permitted
unrestricted handling of his own things. The situation was
perplexing. He couldn’t make it out.
Miss Melbourne, Elmer’s teacher, comprehended the conditions of
the problem better than he did. She perceived that Elmer, as yet, had
no understanding of the meaning of ownership, nor had he received
any training whatever in the recognition of the rights of others. She
must begin at the foundation.
To that end she utilized all sorts of games, stories and dramatic
plays as a means for teaching these two lessons, but that part of the
program which seemed to captivate Elmer more than any other was
the singing of “The Soldier Boy.”
The delightful part of it was that as the song was sung the children
marched about the room wearing paper caps of red, white and blue,
and each, as he marched, was presented by his teacher with a flag to
be proudly borne over the right shoulder. Who could fail to be
patriotic and generous under such stimulating conditions!
One day Elmer spied a toy boat on the desk of one of his
classmates, Freddie Buzzell. Elmer immediately appropriated it.
“Don’t take my boat,” said Freddie.
“’Tain’t yours. It’s mine,” was the reply.
Naturally, Freddie sprang to the defense of his property rights.
Elmer insisted upon the principle of possession as proof of
ownership. Thus the battle was raging when Miss Melborne entered
the room. Knowing Elmer’s individualistic tendencies, she was not
long in getting at the cause of the quarrel.
“Come here, Elmer,” she called from the desk. Elmer came
reluctantly, still holding the toy boat. Miss Melborne picked up one
of the red, white, and blue caps on the table.
“Who are the boys these caps were made for, Elmer?”
“Sojer boys.”
“And what sort of boys are they?”
“Those ‘whose hearts are brave and twue.’”
“Now, Elmer, soldiers who are ‘brave and true’ have to fight
sometimes but do they fight in order to get something they want
themselves, or do they fight to take care of other people?” This was a
pretty hard question for Elmer to think out fully. He looked
thoughtful but did not answer. Miss Melborne tried a more concrete
form of question.
“We would not like to have any one march with the ‘soldier boys’
this afternoon who takes things away from other children, would
we?”
Elmer looked very sober, but he shook his head. Miss Melborne
followed up the advantage she had gained by adding, “What would a
soldier boy ‘whose heart is brave and true’ do, if he had in his hands
something that belonged to another boy?”
Elmer looked hard at the toy boat for a full minute, then slowly
walked over to Freddie’s desk and carefully placed the boat on it.
“That’s my brave soldier boy!” said Miss Melborne,
enthusiastically. “That’s the kind of boy to wear the soldier cap!” and
she placed it on his head, adding, as she did so, “You may wear it,
dear, till the school bell rings.”
The idea of protection of the rights of others had been substituted
for that of selfish possession. Approval had crystallized the
experience into an attitude of mind. Many reminders of the soldier
boy, “whose heart was brave and true” and who lived for others
instead of self, were necessary before the most selfish child in the
class became one of the most unselfish, but each application on the
teacher’s part of the principles of substitution and approval made the
meaning of the words more explicit to Elmer and the habit of self-
sacrifice more firmly fixed.

CASE 125 (RURAL SCHOOL)

Not infrequently it happens that the selfish child has a continual


example of selfishness before him in his own parents.
Not far from the rural school house in Parental
District Number 10 was the fine residence Example
of Mr. Allen, one of the directors of the school. His rearing of
thoroughbred stock had made his name known throughout the state
and had added thousands to his bank account. When his little son,
Homer, started to school for the first time, he was oversupplied with
pencils, erasers, tablets of all varieties, penholders, stencils, paints,
colored crayons and every known aid to first grade work.
Attending the same school was a large family of very poor children
named Perkins. The Perkins’ children were poorly, but cleanly, clad
in the cheapest of clothing. They had only a few of the necessary
textbooks and half of a lead pencil was made to serve two of the
family, the parents reasoning that two of them wouldn’t surely need
lead pencils at the same time. Joseph and Clarence Perkins were in
the first and second grades, respectively. They had the third of a lead
pencil to be used in common and a piece of a broken slate (with a
two-inch pencil) to be used instead of a tablet.
Miss Shuttlesworth, a young teacher, felt truly sorry for these two
bright, little boys because they were thus handicapped in their work,
and she allowed them to borrow from other children during periods
when both should be writing at once.
She even fell into the habit of saying, “Joseph, borrow a pencil
from Homer and put your problems on this piece of paper.”
Generous and kindly herself it did not occur to her that Homer was
reluctant to loan one of his many pencils.
One day Laura Manning, a sixteen-year-old pupil who came past
the Allen farm on her way to school, said to Miss Shuttlesworth,
“Mrs. Allen said to tell you she would like to have you come and see
her soon.” Miss Shuttlesworth foresaw from Laura’s manner of
delivering the message that the errand would not be a pleasant one.
She had evidently offended Mrs. Allen in some way, but how she
could not conceive. She had never been in the Allen home nor had
she ever seen Mrs. Allen.
As soon as school closed she made her way to the Allen residence
and was not surprised to have Mrs. Allen greet her coldly and
haughtily, boldly glaring at her and beginning a speech something
like this: “I want you to understand that Homer is not to lend
anything of his to the Perkins’ children. We are able to buy anything
he needs but we don’t intend to buy for the whole school.” Having
more than exhausted this subject Mrs. Allen went on to state that
Homer’s seat must be changed because his desk was defective in
some way. Miss Shuttlesworth had not noticed that Homer’s desk
was different from the others.
She was a young teacher and so was quite overawed by Mrs. Allen’s
angry, commanding tones. She changed Homer’s seat and supplied
the Perkins’ boys with working material herself. She made no effort
to change Homer’s attitude of superiority toward the Perkins’ boys.
His selfishness only increased under his mother’s management.

CONSTRUCTIVE TREATMENT

When children are not supplied with the necessary equipment for
their work and are too poor to buy for themselves make an appeal to
the board of education asking them to purchase the material needed,
which material should be considered the property of the school and
left there from year to year. Most states require that the school
furnish books and equipment for all who are unable to buy them.
Show by your own example that poor people are just as desirable
for companions as rich ones, other things being equal. See to it that
the children of poor parents be made to forget, while at school, that
they are different from others. See to it that democracy reigns on the
playground.
Supervise all play.
Do not foster the borrowing habit.

COMMENTS

If children are unable to buy books, allowing them to borrow daily


is a source of annoyance to both borrower and lender. Besides it daily
emphasizes the contrast in the financial condition between the richer
and the poorer. This is wrong. It fosters haughtiness in the one and
undue humiliation in the other. While you are supervising play you
can easily manage to have the neglected children drawn into play and
even chosen for the enviable parts in the games. It largely depends
upon the teacher’s influence whether the public school is a leveler of
false barriers or a hotbed where selfishness is cultivated.
The borrowing habit, if fostered even among children of equal
rank, teaches a disregard for the property rights of others. Americans
are especially lax in their thought and behavior relative to property
rights, and the public schools can do the nation a great service by
giving its children correct notions concerning appropriation without
ownership, and in selfishness as contrasted with altruism, in both
rich and poor. The rich often enjoy display and the poor retaliate by
vandalism. Both wrongs are the outgrowth of selfishness.

ILLUSTRATION (RURAL SCHOOL)

Margaret Blake lived not far from the Invoking Fairies


Lone Star rural school. Her father had
bought much land years before which had so increased in value that
he was very rich. Many people in the Lone Star district were tenants
on his farms. Margaret’s mother taught her that she was better than
other children and must not “mix” with them more than absolutely
necessary. As soon as she was old enough she was to go to a “select”
school of her own “class” of people.
Miss Coleman saw the situation the first day of school. Margaret’s
selfishness was manifested by her selection of the best seat, the
display on her desk of numerous and costly aids for her work, her
haughty demeanor and her frequent references to what her mother
said she need not do. Whenever she spoke of her mother’s wishes she
emphasized the “I” in a way to show her difference from others.
Miss Coleman knew that the happiness of Margaret as well as of
her other pupils depended upon eradication of the rich child’s
selfishness. She made a special study of the effect of various attempts
to accomplish this end. She told a story of an unselfish child. This did
not seem to appeal to Margaret. She tried another story on the
advantages of wealth in terms of ability to serve others. This was
nearer the mark. After thus finding the correct avenue of approach
Miss Coleman often said something like this to Margaret: “How
fortunate you are in having some things which these other children
cannot afford to have. How would you like to play you are a fairy and
get a new First Reader for little Wilbur Tomlinson, who has no book,
and just leave it on his desk with his name in it, and not tell him who
gave it to him. I’ll help you pay for it, for I want to get fun out of it
too.”
Or, again, “Let’s think what we might plan to do secretly for any
child in the room who really needs something we can give. We’ll be
good fairies again.”
Margaret took a new interest in other children. She soon began to
like to go to school. She enjoyed playing with the other pupils and
loved and honored Miss Coleman.

CASE 126 (FIFTH GRADE)

Florence Crane attended school in Displaying Fruit


Michigan. She lived on a fine fruit farm
where during the fall one variety of peaches, grapes or pears followed
another and when these had all been sold choice apples followed in
season. So it happened that choice fruit was always a part of
Florence’s lunch. This fruit was displayed on her desk and tempted
many a child’s eyes away from school tasks. Miss Bush, the teacher,
requested all of the children to keep their lunches concealed and
away from their desks. Still at recess time Florence had a little group
of children around her watching her eat her luscious fruit. Miss Bush
could scarcely endure the sight of the hungry eyes devouring every
bite with Florence.
One day she was especially tired and without forethought said,
“Florence, you shall not bring another piece of fruit to school unless
you bring enough for all of the girls.” Imagine Florence’s indignation
which was not much greater than that of her associates.
When the girls discussed this together on the playground a little
later Florence said, “I’ve a right to bring whatever I please t’ eat.”
Ethel Green, spokesman for the rest, declared, “Teacher’s crazy.
We don’t want anybody to bring us lunches. If we hain’t got enought
to eat we won’t ask her to give us anything.”
The girls had talked about the matter until the atmosphere of the
school-room was that of slumbering rebellion.
That night when Florence told her parents what Miss Bush said
there was much indignation and a long discussion which ended in a
decision to have Mrs. Crane visit Miss Bush at the schoolhouse next
day. On her way there Mrs. Crane stopped to discuss the situation
with Mrs. Green, whom Ethel had informed of the previous day’s
talk. Mrs. Green was very angry and offered to go with Mrs. Crane to
the schoolhouse.
The situation was very awkward for Miss Bush. She was reluctant
to say in the presence of Mrs. Green that the other girls were always
hanging around Florence watching her eat her fruit and yet she had
to justify herself in some way. The mothers took advantage of Miss
Bush’s embarrassment, assuming that it showed guilt and even
accusing her of giving the command to Florence on the previous day
in order that she herself might be given fruit. The conference ended
with the remark from Mrs. Green, “If you’re hungry yourself, say so,
but don’t beg vittles for my children.”
Miss Bush’s joy in her work in that school was ended. The girls
might have forgotten the incident but the mothers whenever they
met revived the feeling of anger against Miss Bush.

CONSTRUCTIVE TREATMENT

Miss Bush was too superficial in her original treatment of this case.
She had had ample time to think out a workable plan that would
have caused no friction.
After having all food removed from the desks she might have asked
the pupils to find appropriate seats in which to eat their lunches.
After lunch time she should have led the way to the playground
where all else than play would be easily forgotten.
From time to time short talks on manners should be given to the
whole school.

COMMENTS

It is inexcusable for a teacher to give angry or even


unpremeditated treatment to a case that has been developing for
some time. Miss Bush touched upon a very serious question when
she gave commands concerning what the children had to eat in their
lunches. In her talks on manners the teacher can easily place special
emphasis upon such phases of the subject as are most nearly related
to the habits of her pupils. These general remarks can hurt the
feelings of no one, since they are given to the entire school.
The part that unselfishness plays in what is usually termed good
manners can thus be clearly brought out. Some teachers ask their
pupils to learn the following couplet in this connection:

“Politeness is to do and say


The kindest thing in the kindest way.”

ILLUSTRATION (SECOND GRADE)


Tommy Holbroke’s father kept a small Eating Candy
candy store in Brighton and Tommy often
carried candy to school with him. This he ate with a great show of
enjoyment in the presence of a group of onlookers. Miss Dean, his
teacher, noted the conditions and appreciated its inevitably baneful
effect upon Tommy’s disposition. Accordingly she visited his mother
and first told her of Tommy’s sunny temper and studious habits.
Then she tactfully led the subject to the boy’s health and food. In
talking of the candy she said, “Of course we must guard Tommy’s
health and his disposition too.” Then she explained that she greatly
feared that his bringing candy to school would make him selfish
because of course it enabled him to have and not share what he knew
others wanted. She suggested that Tommy be given his candy
directly after his meals and at no other time. The double appeal in
behalf of the child’s health as well as his character caused the mother
to follow Miss Dean’s advice. Occasionally, however, on “special
days” or when the children had a “birthday party,” Tommy’s mother
gave him a bag of candy to take to his teacher with the words, “Tell
Miss Dean to please give it to all the children.” So Tommy learned, in
time, the joy of sharing with others.

CASE 127 (EIGHTH GRADE)

The grade schools in the suburbs of one Selfish Play


of our largest cities give special attention to
outdoor play. They even require that the children stay on the school
grounds at least fifteen minutes after the school proper is closed, and
play games there. They encourage the playing of ball by the girls and
are anxious to have them interested in the game.
In one of these schools the principal, Mr. Warren, went to the
eighth grade rooms and gave the girls a talk on baseball. He
advocated that the girls in each eighth grade room elect by ballot a
baseball team and that these teams practice ball with the earnest
expectation of being able eventually to conquer any other eighth
grade team in the suburb. After school a ballot was taken and those
receiving the highest number of votes were considered elected on the
team.

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