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I love it! You need a whole series of Palsgraf Cartoons!
I always thought “the eye of ordinary vigilance” thing was creepy. I mean, what is it–just some ordinary disembodied eye that goes around paying an ordinary amount of attention to things? If so, why would it mistake a can of dynamite for a bundle of discarded newspapers to be kicked or trod upon with impunity? And how is a disembodied eye going to kick or trod on anything anyway? Why would there be a can of dynamite just lying around?
Check out this comic about Palsgraf: http://www.cwsl.edu/aceves/sketches/img/Professor.pdf I first saw it in my torts book.
Bill: The link makes the eyes of ordinary vigilance really creepy.
Courtoons © David E. Mills 2008-09: Daily legal cartoons and comics.