“The original judicial approach [to products liability law] had favored the corporation under the theory that fledgling manufacturers needed time and resources to develop their products. The theory was that this ‘breathing space’ would help the United States develop economically, and this increase in overall economic health would essentially work its way down to every member of society. In practice, exactly the opposite occurred. The manufacturers and corporations, like spoiled children, indulged themselves and failed to apply their profits toward improved safety and better design of products. In an environment in which profits are the only yardstick, all other considerations, even those concerning injuries to consumers, take a back seat.” – Neal R. Bevans, Tort Law for Paralegals
“The rescue doctrine is a rule of law holding that one who sees a person in imminent danger caused by the negligence of another cannot be charged with contributory negligence in a non-reckless attempt to rescue the imperiled person. The doctrine was developed to encourage rescue and to correct the harsh inequity of barring relief under principles of contributory negligence to a person who is injured in a rescue attempt which the injured person was under no duty to undertake.” – Justice Murray, Ouellette v. Carde
“As the infantry nears the hostile position the supporting fires are forced to lift. Then must the riflemen themselves furnish both the fire and the movement. At this stage, fire without movement is useless and movement without fire is suicidal. Even with both, the last hundred yards is a touch-and-go proposition demanding a high order of leadership, sound morale, and the will to win.” – George C. Marshall, Infantry in Battle
“And so, at the appointed hour, this brigade of 6,000 highhearted and determined men stood up and at the word of command fixed their bayonets, shouldered their rifles, and marched forward in quick time and in step to assault an intrenched enemy armed with machine guns. One can only surmise the thought in the minds of those German gunners as they saw the dense and serried waves of skirmishers marching stolidly toward them. As the leading wave approached the German position the French artillery lifted and the enemy’s artillery, machine guns and rifles opened with a concerted roar. The leading wave went down, the others surging forward were literally blown apart. In a matter of minutes the attack had melted away. A few men reached the wire in front of the German position, but there they were forced to take cover in shell holes. The entire brigade, nailed to the ground by a merciless fire, could do nothing but wait for nightfall.” – George C. Marshall, Infantry in Battle
“So long as anyone, including the commander, can walk, crawl, or roll, an infantry unit is not ‘out of communication.’ ” – George C. Marshall, Infantry in Battle
“In the end, for military people, it’s the family that makes a lot of the sacrifices. They are intrinsic to military members being successful.” Admiral Michelle Howard, Vice Chief of Naval Operations, United States Navy
“Ten miles north of Duxford on a broad thirty-acre slope along Madingley Road lies the American Military Cemetery at Madlingley, a tiny village just west of Cambridge. There are 3,811 Americans buried here, 24 of them unknown. An occasional rose lies at the base of a marble marker, though fewer now than a generation ago, as the personal links between living and dead dwindle. A 472-foot Wall of Remembrance bears the names of 5,125 men, all missing in action.” – John McDonough, “Return to East Anglia”
“The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension.” – Chief Justice Cardozo, Palsgraf v. Long Island R.R. Co.
“The term ‘proximate cause’ is applied by the courts to those more or less undefined considerations which limit liability even where the fact of causation is clearly established. The word ‘proximate’ is a legacy of Lord Chancellor Bacon, who in his time committed other sins. The word means nothing more than near or immediate; and when it was first taken up by the courts it had connotations of proximity in time and space which have long since disappeared. It is an unfortunate word, which places an entirely wrong emphasis upon the factor of physical or mechanical closeness. For this reason ‘legal cause’ or perhaps even ‘responsible cause’ would be a more appropriate term.” – William Prosser, Prosser and Keeton on the Law of Torts
“On August 12 [1942] the Japanese High Command in Tokyo ordered Lieutenant General Haruyoshi Hyakutake’s Seventeenth Army to take over the ground action on Guadalcanal, and Rear Admiral Raizo Tanaka’s Eighth Fleet to take over at sea. The nearest thing at hand for Hyakutake’s use was a 2,000-man force of infantry, artillery, and engineers under Colonel Kiyono Ichiki that had been put together as the landing force for Midway. Tanaka put the first echelon—some 900 men—of Ichiki’s force ashore on Guadalcanal on August 18. What happened now was a calamity for the Japanese. Without waiting for the rest of his men, cocky Colonel Ichiki sent those he had across the sandspit at the Tenaru River against the Marines on the night of August 21. He lost 600 men, accomplished nothing, and expressed his chagrin by committing suicide.” – George McMillan, “I’ve Served My Time in Hell”
“Special emphasis should be laid on the language employed in orders. Leaders of all grades should be trained to test every word, every phrase, every sentence, for ambiguity and obscurity. If, by even the wildest stretch of the imagination, a phrase can be tortured out of its true meaning, the chance is always present that it will be. Short, simple sentences of simple, commonplace words, will go far toward making an order unmistakable.” – George C. Marshall, Infantry in Battle
“Regardless of the occasional exception, the fact remains that planless action is an open invitation to disaster.” – George C. Marshall, Infantry in Battle
“Even if information be lacking, the leader must produce decisions. In most cases a poor decision will be better than no decision at all. Negligence and hesitation are more serious faults than errors in choice of means. No rule can tell us how to time decisions correctly.” – George C. Marshall, Infantry in Battle
“At law, an ‘accident’ refers to some event that did not involve human fault. When a bolt of lightning strikes a house, that is an accident. When a car rolls down a hill because the parking brake was not set and the car hits a pedestrian, that is not an accident; that is negligence.” – Neal R. Bevans, Tort Law for Paralegals
“As a general rule, it is not duress to threaten to do what one has a legal right to do. Nor is it duress to threaten to take any measure authorized by law and the circumstances of the case.” – Judge McCord, Spillers v. Five Points Guaranty Bank
“Maneuvers that are possible and dispositions that are essential are indelibly written on the ground. Badly off, indeed, is the leader who is unable to read this writing. His lot must inevitably be one of blunder, defeat, and disaster.” – George C. Marshall, Infantry in Battle
“Simplicity is the sword with which the capable leader may cut the Gordian knot of many a baffling situation.” – George C. Marshall, Infantry in Battle
“The art of war has no traffic with rules, for the infinitely varied circumstances and conditions of combat never produce exactly the same situation twice. Mission, terrain, weather, dispositions, armament, morale, supply, and comparative strength are variables whose mutations always combine to form a new tactical pattern. Thus, in battle, each situation is unique and must be solved on its own merits.” – George C. Marshall, Infantry in Battle
“Hitler’s name justifiably stands for all time as that of the chief instigator of the most profound collapse of civilization in modern times. The extreme form of personal rule which an ill-educated beerhall demagogue and racist bigot, a narcissistic, megalomaniac, self-styled national saviour was allowed to acquire and exercise in a modern, economically advanced, and cultured land known for its philosophers and poets, was absolutely decisive in the unfolding of events.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“Few of those forced to account for their actions under Hitler showed remorse or contrition, let alone guilt. With scant exception, they showed themselves, when called to book, incapable of acknowledging their own contribution to the remorseless slide into barbarism during the Nazi era. Alongside the inevitable lies, distortions, and excuses often went, it seems, a psychological block on recognizing responsibility for their actions.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“When you are up against the enemy in close combat, you want smoking boots on the other end. You don’t want a fair fight.” – Lt. Gen. H.R. McMaster Jr., U.S. Army Capabilities Integration Center
“There were still over 65,000 prisoners of numerous nationalities—the majority of them Jewish—in Auschwitz and its numerous subsidiary camps in mid-January 1945, as the Red Army approached. . . . arrangements to evacuate the camps were improvised with great haste. . . . For five days, beginning on 17 January, long columns of emaciated, starving, and frozen prisoners left the camp complex and were driven westwards by SS guards in forced marches of up to 250 kilometres. . . . On 26 January, an SS unit blew up the last of the crematoria in Birkenau. The next day, the SS guards retreated in heavy fighting as Soviet troops liberated the 7,000 exhausted, skeleton-like prisoners they found in the Auschwitz camp-complex. They also found 368,820 men’s suits, 836,244 women’s coats and dresses, 5,525 pairs of women’s shoes, 13,964 carpets, large quantities of children’s clothes, toothbrushes, false teeth, pots and pans, and a vast amount of human hair.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“There was no way out. The failure of the conspiracy to remove Hitler took away the last opportunity of a negotiated end to the war. For the German people, it ensured the near total destruction of their country. Whatever the varied reactions to the events of 20 July [1944] and their aftermath, ordinary Germans were exposed over the next eight months to the laying waste of their cities in relentless bombing-raids against which there was as good as no defence, to the painful losses of loved ones fighting an obviously futile war against vastly superior enemy forces, to acute privations in the material conditions of their daily lives, and to intensified fear and repression at the hands of a regime that would stop at nothing. The horrors of a war which Germany had inflicted on the rest of Europe were rebounding—if, even now, in far milder form—on to the Reich itself. With internal resistance crushed, and a leadership unable to bring victory, incapable of staving off defeat, and unwilling to attempt to find peace, only total military destruction could bring a release.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“In an assault, actual fear is not a requirement. The victim must simply be apprehensive of the contact. Because awareness is a requirement, a victim cannot be assaulted if he or she is unconscious.” – Neal R. Bevans, Tort Law for Paralegals
“On any given day in a courthouse anywhere in America, you are far more likely to see a civil trial that involves a car wreck or a divorce than a trial involving intentional torts. This is not because people do not intentionally injure each other. Unfortunately, people hurt, maim, and kill each other every day.” – Neal R. Bevans, Tort Law for Paralegals