by Bob Kolker <nowhere@[EMAIL PROTECTED]
>
Feb 4, 2007 at 05:54 PM
David Johnston wrote:
> Except of course that it isn't particularly negligent to spill coffee
> in a moving vehicle. It's something you expect to happen on occasion.
> And had the coffee been at the correct temperature, no real injury
> would have resulted.
There is no "correct" temperature for coffe. Some like it hot and some
like it cooler. The restaurant might post a sign indicating the
temperature of the coffee when it is poured from the pot so a customer
can act accordingly. One one buys a cup one buys the risk of spillage.
Anyone stupid enough to drink coffee in a moving car deserves to scald
himself. Any injuries there are he brought upon himself. In a sane legal
order he would not collect a cent of damages. The Common Law doctrine of
contributory negligence is both sane and just. If one brings the thunder
and lighting down upon himself he has no one else to blame.
Bob Kolker