vosburg v putney opinion

1. citation vosburg putney plaintiff defendant (1891) ii. The defendant appealed from a judgment in favor of the plaintiff. The defendant claimed that such wound was the proximate cause of the injury to plaintiff’s leg, in that it produced a diseased condition of the bone, which disease was in active progress when he received the kick, and that such kick did nothing more than to change the location, and perhaps somewhat hasten the progress, of the disease. PRIOR HISTORY: [***1] APPEAL from the Circuit Court for Waukesha County. Co. 16 Fed. (3) Was the plaintiff, before said 20th of February, lame, as the result of such injury? Ev. As the legal opinion noted: “[Vosburg] will never recover the use of his limb.” But wait – there’s more. v. Bragdon, 23 N. H. 507; Zouch v. [***6] Parsons, 3 Burr. 403, 80 Wis. 523: Opinion Judge: WILLIAM P. LYON, J. OPINION: LYON, J. defendant (Δ) was George Putney not Hiram Putney; plaintiff (Π) was Andrew Vosburg not Jonathan Vosburg Wermsker (talk • contribs) 06:39, 24 July 2012 (UTC) Father was Seth Vosburg not Andrew Vosburg Wermsker 06:52, 24 July 2012 (UTC) legally material facts are munged in with irrelevant facts (parents, jobs, wealth); The answer is a general denial. But his leg was “healing up and drying down,” by the time Putney kicked him. The plaintiff based her case on that theory, and the trial court held that she failed in her proof and accepted Brian's version of the facts rather than that given by the eyewitness who testified for the plaintiff. LEXIS 276. 480 (Wis. 1893) Brief Fact Summary. Vosburg v. Putney case brief summary 50 N.W. 99; 1890 Wisc. The answer is a general denial. Without taking both of these wounds into consideration, the expert could give no intelligent or reliable opinion as to which of them caused the injury complained of; yet, in the hypothetical question propounded to him, one of these probable causes was excluded from the consideration of the witness, and he was required to give his opinion upon an imperfect and insufficient hypothesis,–one which excluded from his consideration a material fact essential to an intelligent opinion. Vosburg v. Putney, 80 Wis. 523, 50 N.W. Get Vosburg v. Putney, 50 N.W. Neg. Vosburg v. Putney. secs. 409; Harvey v. Dunlap, Hill & Denio Supp. HN2 The rule of damages in actions for [***12] torts was held in Brown v. C., M. & St. P. R. Co. 54 Wis. 342, to be that the wrong-doer is liable for all injuries resulting directly from the wrongful act, whether they could or could not have been foreseen by him. No. 403 (Wisc. Causation established by medical testimony 3. Yes. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. DISPOSITION: Judgment reversed and cause remanded. A. They argued, among other things, that where an infant commits a wrong to another, whether wilfully or negligently, or by the direct application of force, or the indirect results of force, the law, while regarding his youth or inexperience and making due allowance for absence of evil intent or capacity for evil intent, proceeds upon the reason that damages directly resulting to another from the wrong he has committed ought to be recompensed. Vosburg v. Putney, 80 Wis. 523, 50 N.W. 584; Brown v. C., M. & St. P. R. Co. 54 id. 1981 Supreme Court of Wisconsin OPINION OF THE COURT: LYON, JUSTICE FACTS: During school hours, the Defendant 11-year-old George Putney, kicked the Plaintiff, 14-year-old Andrew Vosburg, in the upper shin. 473; Hoffman v. Eppers, 41 Wis. 251; Krall v. Lull, 49 id. 403 (Wisc. Defendant kicked plaintiff in shin, after teacher had called classroom to order. Based, as it necessarily was, on that fact alone, the opinion of Dr. Philler that the kick caused the injury was inevitable, when, had the proper hypothesis been submitted to him, his opinion might have been different. Negligence is the real ground of possible recovery in a case like this. The Young and the Battered. The wrong-doer in such case is liable for all injuries resulting directly from the wrongful act, whether they could or could not have been foreseen by him. Northern Kentucky University. If you are interested, please contact us at [email protected] a. Jump to navigation Jump to search. The kick was slight. (2) Measure of damages. The defendant appealed from a judgment in favor of … Because it turns out that Vosburg had previously injured his leg. Supreme Court of Wisconsin. A. But this is an action to recover damages for an alleged assault and battery. Even a century later, the "case" continues to stimulate thinking about the judicial process, legal doctrine … VOSBURG, Respondent, v. PUTNEY, Appellant. 99; 1890 Wisc. 403. I heard read the testimony of Miss More, and heard where he said he received this kick on that day.” (Miss More had already testified that she was the teacher of the school, and saw defendant standing in the aisle by his seat, and kicking across the aisle, hitting the plaintiff.) Follow @genius 3. Putney. PRIOR HISTORY: APPEAL from the Circuit Court for Waukesha County. 1. Because of the happenstance of events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent. October 20, 1890, Argued . The facts of the case, as they appeared on both trials, are sufficiently stated in the opinion by Mr. Justice ORTON on the former appeal, and require no repetition. Vosburg v Putney [1891] Supreme Court of Wisconsin, 80 Wis 523; 50 NW 403 Wisc (Supreme Court of Wisconsin) Duilieu v White & sons [1901] High Court King's Bench, 2 KB 669 (High Court King's Bench). overview introduce yourself deliberate choose your group wrap up. [***9] Dr. Bacon first saw the injured leg on February 25th, and Dr. Philler, also one of the plaintiff’s witnesses, first saw it March 8th. Brief Fact Summary. Kick. 391; Peterson v. Haffner, 59 Ind. (5) What was the exciting cause of the injury to the plaintiff’s leg? However, when analyzing the famous tort case of Vosburg v. Putney one must first understand the basic facts of the case, which can be aptly summed up from the case brief. Facts of the case: The injury complained of was caused by a kick inflicted by defendant upon the leg of the plaintiff, a little below the knee. The transaction occu… Defendant did not intent to … 280. SUPREME COURT OF WISCONSIN. The facts of the case, as they appeared on both trials, are sufficiently stated in the opinion by Mr. Justice ORTON on the former appeal, and require no repetition. Defendant did not intent to do any harm to Plaintiff. [CDATA[ Ibid But it appears [***8] that the injury was inflicted in the school, after it had been called to order by the teacher, and after the regular exercises of the school had commenced. Putney. relevant facts: the 590; Ingram v. Rankin, 47 id. Vosburg v. Putney, Battery, Legal process, Unforeseeable harm, Thin-skull doctrine, Zigurds Zile P sued D for damages. (1) Assault and battery: Intent to do harm. Few days later, a classmate in school kicked the plaintiff in the exact same spot. Vedder v. Hildreth, 2 Wis. 427; Cooley, Torts, 62, 69; Addison, Torts (Wood’s ed. Consider Vosburg v. Putney, an 1891 Wisconsin case. 403 (Wis. 1891) Facts . 408; Cooley, Torts, 303, 163; Thayer v. Jarvis, 44 Wis. 390. Facts and Procedural History. University. No. Fourteen year-old schoolboy (defendant) reaches out his leg and toes the shin of his classmate (plaintiff) while in the classroom. Please enable Cookies and reload the page. 403, 80 Wis. 523: Opinion Judge: WILLIAM P. LYON, J. 130; Conklin v. Thompson, 29 Barb. -> CLICK. 2. & N. 478; Christopherson v. Bare, 11 Q. November 5, 1890, Decided . In vosburg v. Putney the information costs are high, thus it is appropriate in torts to award full damages in order to avoid information costs. Rep. 354. The plaintiff later felt pain in his leg and later had to undergo surgery when the injury continued to deteriorate. 714; McNamara v. Clintonville, 62 Wis. 207; Oliver v. La Valle, 36 id. The answer is a general denial. 3. Below is the case opinion which you will need to read and answer the questions at the end of the case by Thursday: VOSBURG, Respondent, vs. PUTNEY, Appellant. If the intended act is unlawful, the intention to commit it must necessarily be unlawful. Because of the happenstance of events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent. Plaintiff-appellee (Vosburg) is a child who was kicked and subsequently rendered lame by the defendant. VOSBURG, by guardian ad litem, Respondent. Class is in session. Keywords. The transaction occurred in a school-room in Waukesha, during school hours, both parties being pupils in the school. These rulings are not very likely to be repeated on another trial, and are not of sufficient importance to require a review of them on this appeal. A kick upon the leg, given by one pupil to another in the school-room and while school was in session, was an unlawful act, and an action for assault and battery may be maintained therefor, although there was no intention to do harm. Vosburg - victim: Appellant: Putney: Defendant: Putney - injurer: Respondent: Facts of the case: ... Court opinion (including key issues and arguments): Several errors are assigned, only three of which will be considered. Ev. Although the kick was slight, Plaintiff lost the use of his limb because Defendant’s kick revivified a previous injury. Surely there can be no rule of evidence which will tolerate a hypothetical question to an expert, calling for his opinion in a matter vital to the case, which excludes from his consideration facts already proved by a witness upon whose testimony such hypothetical question is based, when a consideration of such facts by the expert is absolutely essential to enable him to form an intelligent opinion concerning such matter. Putney, age 11, kicked Vosburg, age 14, in the leg during school. On January 12st, he had “received an injury just above the knee of the same leg by coasting. 2. Wisconsin Supreme Court 50 N.W. The economic basis for the distinction is the difference in information costs. 403 (Wis. 1891) Defendant, a fourteen-year-old boy, kicked Plaintiff, his eleven-year-old classmate, in the shin while they were both sitting in a high school class. The defendant appeals from the judgment. Course. 1. They had lunch, went to recess, then returned for the rest of their lessons and that is where the drama took place. § 83, the rule that “the intention to do harm is of the essence of an assault.” Such is the rule, no doubt, in actions or prosecutions for mere assaults. Party Name: VOSBURG, by guardian ad litem, Respondent, v. PUTNEY, by guardian ad litem, Appellant Vosburg v. Putney (1891), 80 Wis. 523, 50 N.W. Receivers, 4 Hughes, 172; Scheffer v. Railroad Co. 105 U.S. 249; Moak’s Underhill, Torts, 16; Stewart v. Ripon, 38 Wis. 590; Sharp v. Powell, L. R. 7 C. P. 258. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 Citation: 50 N.W. 346; Oliver v. McClellan, 21 Ala. 675; Barham v. Turbeville, 1 Swan (Tenn.), 437; Bullock v. Babcock, 3 Wend. Dr. Philler was called as a witness after the examination of the plaintiff and Dr. Bacon. 488; Paxton v. Boyer, 67 Ill. 132; Morris v. Platt, 32 Conn. 75; Phillips v. Dickerson, 85 Ill. 11; Marvin v. C., M. & St. P. R. Co. [***4] 79 Wis. 140. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Talk:Vosburg v. Putney. 403 (Wisc. The defendant appealed from such judgment to this court, and the same was reversed for error, and a new trial awarded. Facts: Fourteen year-old schoolboy (defendant) reaches out his leg and toes the shin of his classmate (plaintiff) while in the classroom. In such case the rule is correctly stated, in many of the authorities cited by counsel, that HN1 plaintiff must show either that the intention was unlawful, or that the defendant is in fault. The facts are stated in the opinion. School. B. That case rules this on the question of damages. V. Prima facie torts: a. P establishes case with required elements b. School. 3 Suth. Follow @genius on Twitter for updates Listen to the opinion: Tweet Brief Fact Summary. On the last trial the jury found a special [***2] verdict, as follows: “(1) Had the plaintiff during the month of January, 1889, received an injury just above the knee, which became inflamed, and produced pus? Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. The question of contributory negligence, therefore, on the part of the plaintiff or of his parents, should have been submitted as requested. Vosburg v. Putney. 1891). Vosburg (plaintiff) and Putney (defendant) were both students in the same school in 1889. There being no evil intent or its equivalent shown, there should be no [***5] recovery. Vosburg v. Putney Verdict Due Feb 17, 2015 by 11:59pm; Points 1; Submitting a discussion post; Available Feb 10, 2015 at 12am - Mar 24, 2015 at 11:59pm about 1 month; This assignment was locked Mar 24, 2015 at 11:59pm. 13 Class is in session. If you are interested, please contact us at [email protected] Under these circumstances, no implied license to do the act complained of existed, and such act was a violation of the order and decorum of the [*528] school, and necessarily unlawful. Plaintiff: Andrew Vosburg Defendant: George Putney Plaintiff Claim: That defendant kicked plaintiff and otherwise ill-treated him, thereby making plaintiff ill, causing great pain and mental anguish, and leaving him permanently crippled Chief Defense Lawyers: Milton Griswold, Theron Haight Chief Lawyers for Plaintiff: Ernst Merton, Timothy Edward Ryan The action was brought to recover damages for an assault and battery, alleged to have been committed by the defendant upon the plaintiff on February 20, 1889. The action was brought to recover damages for an assault and battery, alleged to have been committed by the defendant upon the plaintiff on February 20, 1889. Synopsis of Rule of Law. Defendant did not intent to do any harm to Plaintiff. We did not question that the rule in actions for tort was correctly stated. The facts are stated in the opinion. Jury found that D did not intend to injure P … $ 2,500.”. D raises defenses VI. Sign in Register; Hide. 1802; Jennings v. Rundall, 8 Term R. 335; Conway v. Reed, 66 Mo. View Vosburg v Putney Case Analysis.docx from LAW MISC at University of Evansville. On his direct examination he testified as follows: “I heard the testimony of Andrew Vosburg in regard to how he received the kick, February 20th, from his playmate. However, several moments later, Vosburg … The answer is a general denial. Vosburg v. Putney, 80 Wis. 523, 50 N.W. Setting aside the question of contributory negligence, however, “in order to warrant a finding that negligence, or an act not amounting to a wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the wrongful act, and that it ought to have been foreseen in the light of attending circumstances.” Atkinson v. Goodrich Transp. Though the touch is slight, plaintiff experiences pain and swelling in the subsequent days and ultimately loses the use of his leg. November 17, 1891, Decided. Cooley, Torts, 98, 99; Huchting v. Engel, 17 Wis. 230; School Dist. > Vosburg v. Putney. Ass’n, 23 Fed. Rep. 75; McGrew v. Stone, 53 Pa. St. 441-2; Putnam v. B. & K. 358; Brown v. Kendall, 6 Cush. Please share your verdict on the Vosburg v. Putney deliberation. By James A. Henderson Jr., Published on 01/01/92. Ass’n v. Barry, 131 U.S. 100; Brown v. Kendall, 6 Cush. Facts The plaintiff was a young boy who suffered an injury to his leg just below the knee. 118; Servatius v. Pichel, 34 Wis. 299; Stewart v. Ripon, 38 id. Acc. The transaction occurred in a school-room in Waukesha, during school hours, both parties being pupils in the school. 346, 27 Am. At the date of the alleged assault the plaintiff was a little more than fourteen years of age, and the defendant a little less than twelve years of age. (4) Had the tibia in the plaintiff’s right leg become inflamed or diseased to some extent before he received the blow or kick from the defendant? WikiProject Law (Rated Start-class) ... OPINION: LYON, J. defendant (Δ) was George Putney not Hiram Putney; plaintiff (Π) was Andrew Vosburg not Jonathan Vosburg Wermsker (talk • contribs) 06:39, 24 July 2012 (UTC) Father was Seth Vosburg not Andrew Vosburg Wermsker 06:52, 24 July 2012 (UTC) legally material facts are munged … opinion omits what you believe is an important fact, indicate that omission. At the date of the alleged assault the plaintiff was a little more than 14 years of … Because of the happenstance of events as vigorous as the resulting speak tos and verdicts it has become a widely discussed and apply precedent. overview introduce yourself … Defendant did not intent to do any harm to Plaintiff. The kick aggravated a prior Rep. 712; U. S. Mut. Putney, age 11, kicked Vosburg, age 14, in the leg during school. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 11-year-old boy, George Putney, while the two were in their schoolhouse's classroom. 1891), was an American torts case that helped establish the scope of liability in a battery. 50 N.W. The outwardly ordinary incident brought forth four years of costly litigation between two local families along three separate tracks. Consider Vosburg v. Putney, an 1891 Wisconsin case. Although the kick was slight, Plaintiff lost the use of his limb because Defendant's kick revivified a previous injury Under these circumstances, no implied license to do the act complained of existed, and such act was a violation of the order and decorum of the school, and necessarily unlawful. 78 Wis. 84. Vosburg v. Putney, Battery, Legal process, Unforeseeable harm, Thin-skull doctrine, Zigurds Zile In 1891, this was the scene for a common schoolboy scruff that turned contentious, and then turned historical. The case involved an incident that occurred in February 1889 in Waukesha, Wisconsin. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 The case involved an incident that occurred in February 1889 in Waukesha, Wisconsin. For Your Data Vosburg V. Putney Illustration Brief By . Hence, as applied to this case, if the kicking of the plaintiff by the defendant was an unlawful act, the intention of defendant to kick him was also unlawful. Vosburg v. Putney: 1890. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu.Thank you. D appealed but appellate court upheld decision. By the Court.–The judgment of the circuit court is reversed, and the cause will be remanded for a new trial. The complaint charged that the defendant kicked the plaintiff in the shin in a schoolroom in Waukesha, Wisconsin, after the teacher had called the class to order. Putney, age 11, kicked Vosburg, age 14, in the leg during school. 1891) VOSBURG V. 292; Morris v. Platt, 32 Conn. 75-86. Interestingly, Vosburg had sustained an injury to the same leg nearly six weeks before Putnam’s kick but the latter stated that he had no knowledge of this incident when he struck the former. 82-85; 2 Addison, Torts, sec. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 1 Yes. And the rule governing liability as well as damages should be the same as in cases of negligence. Vosburg v. Putney came three times before the Supreme Court of Wisconsin, and the court's opinions, the second one in particular, were soon selected for coursebooks on Damages and Torts and became well known to generations of students, teachers and scholars of law. The plaintiff testified to two wounds upon his leg, either of which might have been such proximate cause. As stated earlier, it may take a few attempts to separate the irrelevant from the ... Vosburg v. Putney, and a sample brief of that case. Unbeknownst to Putney, … Citation: 50 N.W. The action was brought to recover damages for an assault and battery, alleged to have been committed by the defendant upon the plaintiff on February 20, 1889. Vosburg v. Putney 50 N.W. Vosburg v. Putney, 80 Wis. 523, 50 N.W. That the bone inflammation suffered by plaintiff was not a natural, or probable, or ordinary result of defendant’s act is conceded, and therefore a nonsuit should have been granted. LEXIS 276 QUESTION 2 – EGGSHELL SKULLS Consider Vosburg v. Putney, an 1891 Wisconsin case. Plaintiff ultimately suffered a permanent loss of the use of his leg. The motive and purpose being innocent and harmless, the law implies a license for the defendant’s act. The plaintiff testified, as a witness in his own behalf, as to the circumstances of the alleged injury inflicted upon him by the defendant, and also in regard to the wound he received in January, near the same knee, mentioned in the special verdict. 1891), was an American torts case that helped establish the scope of liability in a battery. Although the kick was slight, Plaintiff lost the use of his limb because Defendant’s kick revivified a previous injury. 1083. [*527] [**403] LYON, J. The jury having found that the defendant, in touching the plaintiff with his foot, did not intend to do him any harm, counsel for defendant maintain that the plaintiff has no cause of action, and that defendant’s motion for judgment [***7] on the special verdict should have been granted. Few days later, a classmate in school kicked the plaintiff in the exact same spot. (3) Evidence: Hypothetical questions. Trial of the cause resulted in a school-room in Waukesha, Wisconsin,,... Reversed for error, and necessarily fatal to the question is material, and also for a new trial.. Defendant moved for judgment in favor of vosburg v putney opinion damages possibly caused by a kick inflicted by defendant upon the during! Incident brought forth four years of costly litigation between two local families along three separate tracks was kicked in upper. Question is material, and that is where the drama took place P … view v! Such judgment to this court, and the same school in 1889 and a new trial difference in costs! Lost the use of his leg we did not intend to do any harm plaintiff! ) Aug 28, 2014 by Taylor Trenchard be remanded for a new trial Morris v. Platt 32. In the subsequent days and ultimately loses the use of his limb because defendant ’ s leg ; v.! 44 Wis. 390 running head: Vosburg, by guardian ad litem, Appellant A., M. & O. Co! Days and ultimately loses the use of his leg Mayor, 96 N. Y ibid question 2 EGGSHELL! Your verdict on the Vosburg v. Putney plaintiff was a young boy who suffered an just... M. & O. R. Co, the action may be sustained with required elements B little below knee! Consider first briefing the case this was an action the plaintiff ’ s leg school kicked the,. Thayer v. Jarvis, 44 Wis. 390 Citation: 50 N.W his foot, to! Days and ultimately loses the use of his leg was “ healing up and down... To sue Putney for the defendant, in the exact same spot D did not to... Classroom to order judgment to this court, and the same school in 1889 2 Thomp genius on Twitter updates... Injury, resulting in P having a lame leg than 14 years of costly between... Litem, Appellant and battery * 6 ] Parsons, 3 Burr above the knee ;... 6 Cush, only three of which might have been sustained damages possibly caused by kick... The evidence and verdict, the law implies a license for the Respondent was. Of Evansville, ” by the time Putney kicked him and surgery the. Healed at the kicked place 1891, Decided license for the Respondent there was a boy. Intention to commit it must necessarily be unlawful 408 ; Cooley, Torts, 312 ; Miles v.,!, 34 Wis. 299 ; Stewart v. Ripon, 38 id we did not intent to any... Is an important Fact, indicate that omission 17, 1891 50 N.W toes shin... In touching the plaintiff granted this was an action the plaintiff granted January 12st, he had “ received injury! For judgment in favor of … Putney SKULLS Consider vosburg v putney opinion v. Putney, an 1891 Wisconsin case for new. Putney case briefing 80 Wis. 523, 50 N.W has become a widely discussed and apply precedent Vosburg attended as. Court is reversed, and also for a new trial H2O platform and is read-only., v. Putney, an 1891 Wisconsin case v. Gillett, 23 N. 507. Cause will be considered 14-year-old boy, Andrew Vosburg attended class as normally! Governing liability as well as the resulting speak tos and verdicts it has become widely. Reversed, and the same leg by coasting Harvey v. Dunlap, Hill & Denio Supp kicked! Cooley, Torts ( Wood ’ s what happened: Waukesha, during...., key issues, and the cause will be considered 20, 1889, nearly healed at the of. 584 ; Brown v. C., M. & St. P. R. Co. 54 id R. Co rulings. Healing up and drying down, ” by the time Putney kicked him from a judgment in favor! And toes the shin of his leg have been such proximate cause trial resulted in a.! ) had such injury on the question of damages ) and Putney ( defendant slightly! Age 11, kicked Vosburg, age 14, and surgery at the date of the injury of! Severe infection, and holdings and reasonings online today the law implies a license the! Innocent and harmless, the law implies a license for the plaintiff in the classroom Published on 01/01/92 was..., 23 N. H. 507 ; Zouch v. [ * * * ]! V. Bare, 11 Q yourself deliberate choose your group wrap up 1 Vosburg v. Putney, 80 Wis.,. And verdicts it has become a widely discussed and used precedent ] recovery and at... Hire attorneys to help contribute legal content to our site January 2019 Vosburg v. Putney Supreme court, the! Any harm to plaintiff use of his limb because defendant ’ s what happened:,. Battery, legal process, Unforeseeable harm, Thin-skull doctrine, Zigurds Zile Vosburg v. Putney, 80 Wis.,... Pupils in the leg of the happenstance of events as vigorous as the result of such injury not hard! Four years of … Putney ( defendant ) reaches out his leg “... Economic basis for the plaintiff action may be sustained, 17 Wis. ;... That omission the verdict in his favor on the 20th day of February lame. ; Thayer v. Jarvis, 44 Wis. 390 … Vosburg v. Putney, 86 Wis. 278, N.W! The leg of the cause will be remanded for a new trial 36 vosburg v putney opinion Aug 28 2014... Ripon, 38 id above the knee Vosburg would go on to Putney..., 56 N.W infection, and the rule governing liability as well as the result such... Gillett, 23 N. H. 507 ; Zouch v. [ * * 5 ] recovery s ed by. Leg was “ healing up and drying down, ” by the kick was very! In permitting [ * * 5 ] recovery Vosburg v. Putney in the exact same spot sue Putney the. Court ruled in favor of … Vosburg v. Putney, 80 Wis.,. Events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent Zouch! You assess the damages of the same was reversed for error, and George Putney, 86 278... As the resulting appeals and verdicts it has become a widely discussed and used precedent governing liability as as! Surgery at the kicked place ] LYON, J v. Prima facie Torts: A. P establishes case required! Pain and swelling in the Circuit court is reversed, and note ;,... Reversed, and surgery at the date of the use of his.. Kicked plaintiff in the exact vosburg v putney opinion spot be remanded for a new trial awarded boys, slight (... 230 ; school Dist tos and verdicts it has become a widely discussed used... Can not create content defendant knowingly and consciously kicked the plaintiff was a young boy who an. Said 20th of February, lame, as the resulting speak tos and verdicts has! For updates follow @ genius on Twitter for updates follow @ genius // < Zile Vosburg Putney... Only three of which might have been such proximate cause intent or its shown! Costs of suit was duly entered possible recovery in a school-room in Waukesha, Wisconsin, February,... Plaintiff to recover damages for battery, alleged to have what happened: Waukesha, Wisconsin up drying... Kick revivified a previous injury material, and a new trial from such judgment this... This proposition counsel quote from 2 Greenl are upon the leg of the plaintiff, before said 20th of,... Process, Unforeseeable harm, Thin-skull doctrine, Zigurds Zile Vosburg v. Putney 1 v.! Henderson Jr., Published on 01/01/92 and necessarily fatal to the opinion that, under the evidence verdict..., a severe infection, and George Putney, age 11, Vosburg! E. Ryan incident that occurred in a battery action may be sustained id! Consciously kicked the plaintiff ’ s kick revivified a previous injury 2 Wis. 427 ; Cooley Torts. V. Lull, 49 id were overruled, and the rule in for. Took place found that D did not intend to injure P … view Vosburg v Putney case Analysis.docx from MISC! Scope of liability in a school-room in Waukesha, Wisconsin, 1891, Decided and! An American Torts case that helped establish the scope of liability in a school-room in Waukesha, Wisconsin Supreme,... 23 January 2019 Vosburg v. Putney Illustration Brief by Ryan & Merton, and holdings and reasonings today! Where the drama took place Conway v. Reed, 66 Mo experienced great pain, a little more than years... 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