social phenomenon can be well hidden and therefore difficult to discover and
prove by research.
Joint Interacting Causes
The second strand to Effect X.2 consists of Effect X.2B. Effect X.2B has two
joint, contributing or interacting causes, Statute X and Factor 2. These causes
operate in combination not addition.
Wagon Mound
The operation of contributing causes is illustrated by the facts of the Wagon
Mound, a well known case in the law of negligence.
420
As with some other
illustration this does not come from statute law but still serves as a useful
example of joint interacting causes.
The Wagon Mound was a freighter that was moored at Morts Dock in the port
of Sydney. The Wagon Mound carelessly discharged a large quantity of
furnace oil onto the water, which mixed with cotton waste floating on the
surface. This mixture of oil and cotton floated over to a shipyard, where it was
ignited by molten metal that fell from welding performed on the side of a ship.
The resulting fire seriously damaged a wharf and two ships. Here the fire was
caused by the combination of three events - the oil being discharged into the
water, the cotton waste being caught in the oil slick and the molten metal falling
onto the oil sodden cotton waste.
Who Killed Davey Moore?
Davey Moore was an American boxer who won the World Featherweight Title
from Hogan Bassey on 18 March 1959. Moore successfully defended the title
five times and held it for 4 years and 3 days. On 21 March 1963 Moore
attempted a defence of the title again against the Cuban, Sugar Ramos. Moore
was knocked down in the tenth round and lost the title on a technical knockout
at the end of that round, so Ramos took the title. After the fight Moore
appeared not to be seriously injured. He walked back to his dressing room
himself and conducted post-fight interviews. Later he complained of
headaches and became unconscious. He was taken to White Memorial
Hospital. There, doctors diagnosed inoperable brain damage. Moore never
regained consciousness and died as on 25 March 1963.
___________________
420
There were in fact two cases arising from the same incident - Wagon Mound
(No 1), Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] 1 All
ER 404; [1961] AC 388; [1961] 2 WLR 126; (PC), and Wagon Mound (No 2), Overseas
Tankship (UK) Ltd v Miller Steamship Co (1966), [1966] 2 All ER 709; [1967] 1 AC 617;
[1966] 3 WLR 498 (PC).
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