Page:Harvard Law Review Volume 9.djvu/117

89 RECOVERY FOR CONSEQUENCES OF AN ACT. 89 responsibility depends upon his intention or his negligence at the last moment when it was possible for him to control the force he had set in motion. If, however, a factor of the act of injury is defendant's breach of contract, it appears to be held that defendant's ability to foresee the combination must exist at the time the con- tract was made.^ J. H. Beale, Jr. 1 Geez/. L. & Y. Ry., 6 H. & N. 211; Booth v. Spuyten-Duyvil R. M. Co., 60 N. Y. 487.