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MMLU / Late one evening a man was driving home from his job as a security guard at a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Late one evening a man was driving home from his job as a security guard at a jewefry store. As the man approached a railroad crossing he noticed that the barriers to the crossing were open. The man cautiously looked both ways for any train. Assuming that no train was coming, he proceeded across the railroad tracks. Suddenly, an oncoming train struck the man's car, completely demolishing it. The man was dead on arrival at the local hospital. Unknown to the man, the railroad crossing guard, in a drunken stupor, had fallen asleep at the barrier controls. He failed to see or hear the signals from the oncoming train that struck and killed the man. The railroad company was well aware of the crossing guard's alcoholism, but continued to employ him. However, two weeks after the accident occurred, the railroad company fired the crossing guard. The executor of the man's estate institutes a wrongful death action against the railroad company. During the trial, the attorney for the man's estate offered into proof the fact that the defendant railroad company dismissed the crossing guard shortly after the accident. Upon objection by the railroad company's attorney, the court should

choices

  1. overrule the objection, as the employee's dismissal was an admission that the railroad company was aware of the crossing guard's chronic alcoholism.
  2. overrule the objection, as an adoptive admission by conduct.
  3. sustain the objection, because the probative value of the evidence would be outweighed by its prejudicial effect.
  4. sustain the objection, as evidence of subsequent remedial repairs is inadmissible.

subject

professional_law

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Source and history

task_id
a88193e1-99ad-5a8b-bf79-058274a8d6a6
task_key
all--test--a88193e1-99ad-5a8b-bf79-058274a8d6a6
task_revision_id
1
config / split
all / test

Official source

initial import