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RICKARDS v LOTHIAN CATCHWORDS: Action for Negligence - Proximate Cause of Damage - Malicious Act of Third Person - Reasonable Precautions - Overflow of Water from Lavatory in Upper Floor. HEADNOTE: To sustain an action for negligence it must be shewn that the negligence found by the jury is the proximate cause of the damage. Where the proximate cause is the malicious act of a third person against which precautions would have been inoperative, the defendant is not liable in the absence of a finding either that he instigated it or that he ought to have foreseen and provided against it. In an action for damages to property located on the second floor of a building leased to the defendant, through a continuous overflow of water from a lavatory basin on the top floor caused by the water tap having been turned on full and the waste-pipe plugged, the jury found...

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