duParcq LJ set out two propositions: ‘In my opinion, the following propositions may be formulated upon the authorities as they stand: first, an existing incapacity ‘results from’ the original injury if it follows, and is caused by, that injury, and may properly be held so to result even if some supervening cause aggravated the effects of the original injury and prolonged the period of incapacity.’ and: ‘If, however, the existing incapacity ought fairly to be attributed to a new cause which has intervened and ought no longer to be attributed to the original injury, it may properly be held to result from the new cause and not from the original injury, even though, but for the original injury, there would have been no incapacity.’
Judges:
duParcq LJ
Citations:
[1944] 2 All ER 350
Jurisdiction:
England and Wales
Cited by:
Approved – Hogan v Bentinck West Hartley Collieries (Owners) Ltd HL 1949
The workman plaintiff suffered from a congenital defect, having an extra thumb in his right hand. He met with an industrial accident and fractured the false thumb. It was treated by splinting but he continued to be in pain. He was then sent to the . .
Lists of cited by and citing cases may be incomplete.
Negligence, Damages
Updated: 16 May 2022; Ref: scu.614915