This is obviously a power of tremendous
consequence which should be exercised for the most stringent of reasons, which is
just what Macon County Judge Dale Segrest did when he overruled a jury and sentenced 19 year old Bobby Waldrop, white, to death because, quote, «If I had not
imposed the death sentence, I would have sentenced three black people to death and no white people.»
The proposition that there is a Caparo test which applies to all claims in the modern law of negligence, and that in
consequence the court will only
impose a duty of care where it considers it fair,
just and reasonable to do so on the particular facts, is mistaken.