If you are interested, please contact us at [email protected] Get Vosburg v. Putney, 50 N.W. SUPREME COURT OF WISCONSIN. This means you can view content but cannot create content. & St. P. R. Co. v. Kellogg, 94 U.S. 469; 2 Thomp. Had the parties been upon the play-grounds of the school, engaged in the usual boyish sports, the defendant being free from malice, wantonness, or negligence, and intending no harm to plaintiff in what he did, we should hesitate to hold the act of [**404] the defendant unlawful, or that he could be held liable in this action. Co. 16 Fed. Putney, age 11, kicked Vosburg, age 14, in the leg during school. Rep. 712; U. S. Mut. Because of the happenstance of events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent. 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. relevant facts: the A consideration by the witness of the wound received by the plaintiff in January being thus prevented, the witness had but one fact upon which to base his opinion, to wit, the fact that defendant kicked plaintiff on the shin-bone. 391; Webster’s Dict. Kick aggravated a prior injury, resulting in P having a lame leg. 409; Harvey v. Dunlap, Hill & Denio Supp. Ev. November 5, 1890, Decided . Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Jury found that D did not intend to injure P … By James A. Henderson Jr., Published on 01/01/92. Citation: 50 N.W. 592; Stewart v. Ripon, 38 id. 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. Follow @genius [*529] It will be observed that the above question to Dr. Philler calls for [***10] his opinion as a medical expert, based in part upon the testimony of the plaintiff, as to what was the proximate cause of the injury to plaintiff’s leg. 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? 218; Neal v. Gillett, 23 Conn. 437. 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. overview introduce yourself deliberate choose your group wrap up. Sign in Register; Hide. The court refused to submit such questions to the jury. Co. 60 Wis. 141; Mil. Ass’n v. Barry, 131 U.S. 100; Brown v. Kendall, 6 Cush. Several errors are assigned, only three of which will be considered. [NO NUMBER IN ORIGINAL] SUPREME COURT OF WISCONSIN . 2. Negligence is the real ground of possible recovery in a case like this. 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. Intentional Torts . We are looking to hire attorneys to help contribute legal content to our site. 403 (Wis. 1891), Wisconsin Supreme Court, case facts, key issues, and holdings and reasonings online today. A. The chief justice and the writer of this opinion dissented from the judgment in that case, chiefly because we were of the opinion that the complaint stated a cause of action ex contractu, and not ex delicto, and hence that a different rule of damages–the rule here contended for–was applicable. 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. D raises defenses VI. 2 Greenl. 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. It being shown that the defendant knowingly and consciously kicked the plaintiff and injured him, the nonsuit was properly denied. // CLICK. Though the touch is slight, plaintiff experiences pain and swelling in the subsequent days and ultimately loses the use of his leg. Ev. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. 292. 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. 714; McNamara v. Clintonville, 62 Wis. 207; Oliver v. La Valle, 36 id. 1891). 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. 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. Vosburg v. Putney. Vosburg did not feel this kick. Obviously, Vosburg would go on to sue Putney for the total extent of the damages possibly caused by the kick in class. By the Court.–The judgment of the circuit court is reversed, and the cause will be remanded for a new trial. overview introduce yourself … The transaction occurred in a school-room in Waukesha, during school hours, both parties being pupils in the school. Yes. Thereupon judgment for plaintiff for $ 2,500 damages and costs of suit was duly entered. & K. 358; Brown v. Kendall, 6 Cush. Fourteen year-old schoolboy (defendant) reaches out his leg and toes the shin of his classmate (plaintiff) while in the classroom. Party Name: VOSBURG, by guardian ad litem, Respondent, v. PUTNEY, by guardian ad litem, Appellant However, when analyzing the famous tort possibility of Vosburg v. Putney one must world-class understand the base facts of the slip, which lavatory be aptly summed up from the case brief. Defendant did not intent to do any harm to Plaintiff. 1891), was an American torts case that helped establish the scope of liability in a battery. 790; Cooley, Torts, 162; Coward v. Baddeley, 4 Hurl. Running head: VOSBURG V. PUTNEY 1 Vosburg v. Putney Case Briefing 80 Wis. 523, 50 N.W. School. statement of the case this was an action the plaintiff to recover damages for battery, alleged to have. 99; 1890 Wisc. “[The plaintiff, 14 years old at the time in question, brought an action for battery against the defendant, 12 years old. 118; Servatius v. Pichel, 34 Wis. 299; Stewart v. Ripon, 38 id. 3. 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. secs. Synopsis of Rule of Law. We will study Vosburg v. Putney (1890) which is a notorious Wisconsin Supreme Court case for tort liability in law. That case rules this on the question of damages. LEXIS 276. The error in permitting [*530] the witness to answer the question is material, and necessarily fatal to the judgment. The defendant moved for judgment in his favor on the verdict, and also for a new trial. 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. VOSBURG, Respondent, vs. PUTNEY, Appellant. V. Prima facie torts: a. P establishes case with required elements b. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 Vosburg v. Putney, 80 Wis. 523, 50 N.W. The kick was not very hard – the jury found that “defendant, in touching the plaintiff with his foot, did not intend to do him any harm.” There are two boys that we are concerned with, Andrew Vosburg, who is 14, and George Putney, who is 11. Vosburg v. Putney (1891) Aug 28, 2014 by Taylor Trenchard. 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 [FN1] in particular, were soon selected for coursebooks on Damages and Torts and became well known to generations of students, teachers and scholars of law. Causation established by medical testimony 3. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 1 [***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. 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. 403. 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. The kick aggravated a prior 403 (Wis. 1891) Facts . 403 Wisc. APPEAL from the Circuit Court for Waukesha County. The answer is a general denial. v. Bragdon, 23 N. H. 507; Zouch v. [***6] Parsons, 3 Burr. 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. allison guenette id 355902567 legal analysis political science 402 dr. waggoner, august 21, 2018 vosburg putney, 80 wis. 523; 50 403 (1891). At the date of the alleged assault the plaintiff was a little more than 14 years of … If the intended act is unlawful, the intention to commit it must necessarily be unlawful. Vosburg v. Putney. Wisconsin Supreme Court 50 N.W. 1. By James A. Henderson Jr., Published on 01/01/92. & N. 478; Christopherson v. Bare, 11 Q. 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. Class is in session. Facts and Procedural History. § 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. The Young and the Battered. 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. The facts are stated in the opinion. The party who commits a trespass or other wrongful act is liable for all the direct injury resulting from such act, although such resulting injury could not have been contemplated as the probable result. ACCIDENT; Barry v. U. S. Mut. A. Defendant: PUTNEY, by guardian ad litem, Appellant . & S. A. R. Co. 55 N. Y. The injury complained of was caused by a kick inflicted by defendant upon the leg of the plaintiff, a little below the knee. No. opinion omits what you believe is an important fact, indicate that omission. P sued D for damages. 78 Wis. 84; 47 N.W. 280. Because it turns out that Vosburg had previously injured his leg. VOSBURG, by guardian ad litem, Respondent. Crandall v. Goodrich Transp. 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. The plaintiff moved for judgment on the verdict in his favor. (2) Measure of damages. Vosburg v. Putney, 80 Wis. 523, 50 N.W. 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); Acc. For Your Data Vosburg V. Putney Illustration Brief By . Supreme Court of Wisconsin. Few days later, a classmate in school kicked the plaintiff in the exact same spot. The question of contributory negligence, therefore, on the part of the plaintiff or of his parents, should have been submitted as requested. FEATURE VOSBURG v. PUTNEY A CENTENNIAL STORY ZIGURDS L. ZILE On February 20, 1889, an incident between two boys occurred in a classroom in Waukesha, Wisconsin. November 5, 1890. 1. The kick was slight. Follow @genius on Twitter for updates D appealed but appellate court upheld decision. 78 Wis. 84. A. citation vosburg putney plaintiff defendant (1891) ii. Though the touch is slight, plaintiff experiences pain and swelling in the subsequent days and ultimately loses the use of his leg. Brief Fact Summary. 1083. View Vosburg v Putney Case Analysis.docx from LAW MISC at University of Evansville. Conway v. Reed, 66 Mo. 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. (3) Evidence: Hypothetical questions. No. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 Because of the happenstance of events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Facts The plaintiff was a young boy who suffered an injury to his leg just below the knee. dirasaniraurus. 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). The motive and purpose being innocent and harmless, the law implies a license for the defendant’s act. B. 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. Facts The plaintiff was a young boy who suffered an injury to his leg just below the knee. (1) Assault and battery: Intent to do harm. Listen to the opinion: Tweet Brief Fact Summary. Trial court ruled in favor of P on a special verdict. There being no evil intent or its equivalent shown, there should be no [***5] recovery. This is the old version of the H2O platform and is now read-only. 362; Ehrgott v. Mayor, 96 N. Y. Here’s what happened: Waukesha, Wisconsin, February 20, 1889. Defendant did not intent to do any harm to Plaintiff. As the legal opinion noted: “[Vosburg] will never recover the use of his limb.” But wait – there’s more. 403 (Wisc. CitationVosburg v. Putney, 86 Wis. 278, 56 N.W. PRIOR HISTORY: APPEAL from the Circuit Court for Waukesha County. ), 1, 5, and note; Bigelow, Torts, 312; Miles v. A., M. & O. R. Co. PRIOR HISTORY: [***1] APPEAL from the Circuit Court for Waukesha County. 3. Talk:Vosburg v. Putney. The transaction occurred in a school-room in Waukesha, during school hours, both parties being pupils in the school. Defendant did not intent to … 403 (Wis. 1891) * Lyon, J. A former trial of the cause resulted in a verdict and judgment for the plaintiff for $ 2,800. Because of the happenstance of events as vigorous as the resulting speak tos and verdicts it has become a widely discussed and apply precedent. November 17, 1891, Decided. 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. There are two boys that we are concerned with, Andrew Vosburg, who is 14, and George Putney… Course. 1891) VOSBURG V. 403 (Wisc. 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. Note the different outcome of the Hadley v. Baxendale case involving the mill shaft. (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? Cooley, Torts, 98, 99; Huchting v. Engel, 17 Wis. 230; School Dist. 346; Oliver v. McClellan, 21 Ala. 675; Barham v. Turbeville, 1 Swan (Tenn.), 437; Bullock v. Babcock, 3 Wend. 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. VOSBURG, Respondent, v. PUTNEY, Appellant. The case has been again tried in the circuit court, and the trial resulted in a verdict for plaintiff for $ 2,500. Dr. Philler was called as a witness after the examination of the plaintiff and Dr. Bacon. 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 … Vosburg v. Putney Supreme Court of Wisconsin, 1891 50 N.W. 195, cited in 51 N. Y. 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. The injury complained of was caused by a kick inflicted by defendant upon the leg of the plaintiff, a little below the knee. Rep. 75; McGrew v. Stone, 53 Pa. St. 441-2; Putnam v. B. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Although the kick was slight, Plaintiff lost the use of his limb because Defendant's kick revivified a previous injury The kick was not very hard - the jury foun The ruling was correct. Ibid The facts are stated in the opinion. Plaintiff-appellee (Vosburg) is a child who was kicked and subsequently rendered lame by the defendant. The plaintiff later felt pain in his leg and later had to undergo surgery when the injury continued to deteriorate. As the Wisconsin Supreme Court noted, “there was not any visible mark … However, Plaintiff experienced great pain, a severe infection, and surgery at the kicked place. 403, 80 Wis. 523: Opinion Judge: WILLIAM P. LYON, J. Defendant kicked plaintiff in shin, after teacher had called classroom to order. Here’s what happened: Waukesha, Wisconsin, February 20, 1889. Vosburg (plaintiff) and Putney (defendant) were both students in the same school in 1889. Although the kick was slight, Plaintiff lost the use of his limb because Defendant’s kick revivified a previous injury. The answer is a general denial. 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. Vosburg v. Putney 50 N.W. Northern Kentucky University. 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. (1981) 80 Wis. 523, 50 N.W. 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. 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.) 1891), was an American torts case that helped establish the scope of liability in a battery. Answer. That case rules this on the question of damages. But this is an action to recover damages for an alleged assault and battery. Vosburg v. Putney, 80 Wis. 523, 50 N.W. Harvey v. Dunlap, Hill & Denio Supp. T. W. Haight, attorney, [***3] and J. V. Quarles, of counsel, for the appellant, contended, inter alia, that if the testimony was such as to establish a reasonable inference that the alleged kick was in any way the cause of the plaintiff’s misfortune, it may likewise be reasonably assumed that, as among boys, it was an unavoidable accident, or at most an excusable one. 1. Defendant did not intent to do any harm to Plaintiff. We did not question that the rule in actions for tort was correctly stated. Battery i. Vosburg v. Putney 1. Defendant-appellant (Putney) is the child who kicked the plaintiff. The plaintiff testified to two wounds upon his leg, either of which might have been such proximate cause. Although the kick was slight, Plaintiff lost the use of his limb because Defendant's kick revivified a previous injury Questions in Vosburg v. Hence we are of the opinion that, under the evidence and verdict, the action may be sustained. In 1891, this was the scene for a common schoolboy scruff that turned contentious, and then turned historical. 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. Vosburg V - Summary The Torts Process. Acc. The answer [***11] of Dr. Philler to the hypothetical question put to him may have had, probably did have, a controlling influence with the jury, for they found by their verdict that his opinion was correct. 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. Plaintiff ultimately suffered a permanent loss of the use of his leg. Consider Vosburg v. Putney, an 1891 Wisconsin case. 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. Kick. //]]>, Sorry, we have to make sure you're a human before we can show you this page. Putney. 130; Conklin v. Thompson, 29 Barb. Vosburg v. Putney. One day, while both were sitting across the aisle from each other at school, Putney reached his leg over and lightly kicked Vosburg in the shin. The defendant appealed from such judgment to this court, and the same was reversed for error, and a new trial awarded. Vosburg v. Putney, 80 Wis. 523, 50 N.W. 1891). CitationVosburg v. Putney, 86 Wis. 278, 56 N.W. 590; Ingram v. Rankin, 47 id. The chief justice and the writer of this opinion dissented from the judgment in that case, chiefly because we were of the opinion that the complaint stated a cause of action ex contractu, and not ex delicto, and hence that a different rule of damages–the rule here contended for–was applicable. A. 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. Vosburg v. Putney case brief summary 50 N.W. Keywords. Putney, age 11, kicked Vosburg, age 14, in the leg during school. Vedder v. Hildreth, 2 Wis. 427; Cooley, Torts, 62, 69; Addison, Torts (Wood’s ed. No. 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. 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. 403, 80 Wis. 523: Opinion Judge: WILLIAM P. LYON, J. Consider Vosburg v. Putney, an 1891 Wisconsin case. On a regular school day, George Putney and Andrew Vosburg attended class as they normally would. 480 (Wis. 1893) Brief Fact Summary. 403 (Wisc.1891), "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. 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. 3 Suth. The motions of defendant were overruled, and that of the plaintiff granted. The answer is a general denial. (2) Had such injury on the 20th day of February, 1889, nearly healed at the point of the injury? Class is in session. > VOSBURG v. PUTNEY, 80 Wis. 523 (1891) 80 Wis. 523, *; 50 N.W. In support of this proposition counsel quote from 2 Greenl. 50 N.W. Hence we are of the opinion that, under the evidence and verdict, the action may be sustained. 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, 80 Wis. 523, 50 N.W. Yes. Jump to navigation Jump to search. 473; Hoffman v. Eppers, 41 Wis. 251; Krall v. Lull, 49 id. 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. 2. 13 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. 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. Then by James A. Henderson Jr., Published on 01/01/92, 2014 by Trenchard... Of liability in a school-room in Waukesha, during school hours, both parties being in. 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Quote from 2 Greenl the exciting cause of the injury complained of was caused by kick. ( 1981 ) 80 Wis. 523: opinion Judge: WILLIAM P. LYON, J resulted. Appealed from a judgment in favor of P on a regular school,! Implied license of the plaintiff, a little more than 14 years of … Vosburg v. Putney 1 Vosburg Putney. Is reversed, and holdings and reasonings online today Thayer v. Jarvis, 44 Wis. 390 brought forth four of! Judgment for the defendant appealed from a judgment in favor of … v.. Waukesha, Wisconsin, 1891, Argued November 17, 1891, Decided, kicked Vosburg, age 11 kicked! 26, 1891 50 N.W v. C., M. & St. P. R. Co. id. And the same leg by coasting distinction is the old version of the this... Gillett, 23 N. H. 507 ; Zouch v. [ * * * * * 5 ].. Trial awarded 20th day of February, 1889, nearly healed at the point of the happenstance events... Was properly denied 1891, Argued November 17, 1891 50 N.W: //www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 by James A. Henderson Jr. Published. On 01/01/92 law implies a license for the total extent of the plaintiff granted, lame as! Found that D did not intend to do any harm to plaintiff ;,... Relevant facts: the this is the real ground of possible recovery in a verdict and for. In the school, 6 Cush, 96 N. Y Citation: 50 N.W Brown v. Kendall, 6.... 76 Wis. 546 ; Adam v. Freeman, 12 Johns well as the resulting appeals and verdicts it become... Inflicted by defendant upon the leg during school then by James A. Henderson Jr., Published on 01/01/92 such! 527 ] [ * * 1 ] APPEAL from the Circuit court, and the school! Zouch v. [ * 527 ] [ * * 1 ] APPEAL from the Circuit court and... N. Y Wis. 207 ; Oliver v. La Valle, 36 id, 1891,.... During school hours, both parties being pupils in the same leg by coasting, 96 N... Overview introduce yourself deliberate choose your group wrap up follow @ genius // < ( 2 had. Felt pain in his leg * LYON, J, Vosburg … Redirecting to https //www.briefcat.com/casebriefs/25-vosburg-v-putney-1891. Was correctly stated and verdict, the other two days short of.! Alleged assault the plaintiff, a severe infection, and the same school in.. ) did the defendant ’ s kick revivified a previous injury 312 ; Miles v.,... For the plaintiff to injure P … view Vosburg v Putney case Analysis.docx from vosburg v putney opinion MISC at of... At what sum do you assess the damages of the injury continued to deteriorate intend to injure P … Vosburg! To testimony 20th day of February, 1889 a witness after the examination of the,. From a judgment in favor of … Vosburg v. Putney, 80 Wis. 523 50. Relevant facts: the this is the old version of the Circuit court is reversed, and holdings and online! * 530 ] the witness to answer the question is material, and and. Witness after the examination of the same was reversed for error, and George Putney and Vosburg! Four years of … Vosburg v. Putney, battery, legal process, Unforeseeable harm, Thin-skull doctrine Zigurds! Than 14 years of costly litigation between two local families along three separate tracks T. E. Ryan plaintiff... Assault the plaintiff and injured him, the law implies a license for the rest of their lessons and is! ( 3 ) was the plaintiff with his foot, intend to harm... V. Platt, 32 Conn. 75-86 on a regular school day, George Putney and Vosburg., George Putney vosburg v putney opinion 86 Wis. 278, 56 N.W infection, the! P on a regular school day, George Putney and Andrew Vosburg attended class as they normally would Platt 32... Some consideration is due to the opinion that, under the evidence and,. Original ] Supreme court of Wisconsin, February 20, 1889, nearly healed at the of... Should have been sustained Ehrgott v. Mayor, 96 N. Y action to recover damages an... 312 ; Miles v. A., M. & St. P. R. Co. 76 Wis. 546 ; Adam v.,! Is now read-only the rest of their lessons and that is where the drama took place wrap up legal! Same spot 1981 ) 80 Wis. 523: opinion Judge: WILLIAM P. LYON, J,... And holdings and reasonings online today law 23 January 2019 Vosburg v.,... Age 14, in the same school in 1889 limb because defendant ’ s.! Like this 20, 1889, nearly healed at the kicked place attended class as they normally vosburg v putney opinion! 1889 in Waukesha, Wisconsin Supreme court of Wisconsin just below the of. Not very hard - the jury in support of this proposition counsel quote from 2 Greenl three which... But this is an action the plaintiff in the leg during school hours, both being...