A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 1 6 . Vosburg v. Putney, 80 Wis. 523, 50 N.W. Vosburg v. Putney, Battery, Legal process, Unforeseeable harm, Thin-skull doctrine, Zigurds Zile Class is in session. The following pages contain an edited version of a case, Vosburg v. Putney, and a sample brief of that case. Vosburg v. Putney 1. 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." Consider Vosburg v. Putney, an 1891 Wisconsin case. 403 (Wisc. 403 (Wis. 1891), Wisconsin Supreme Court, case facts, key issues, and holdings and reasonings online today. Vosburg v. Putney, 80 Wis. 523, 50 N.W. 1891), is a famous Wisconsin Supreme Court battery case, authored by Justice Harlow S. Orton, exemplifying the eggshell skull … 403 (Wisc. The outwardly ordinary incident brought forth four years of costly litigation between two local families along three separate tracks. School. Vosburg v. Putney: 1890. 1891). As to damages, the court adhered to the established rule that a tortfeasor is liable for all damages resulting from his wrongful act, however unforeseeable. Note the different outcome of the Hadley v. Baxendale case involving the mill shaft. Vosburg v. Putney, 50 N.W. Obviously, Vosburg would go on to sue Putney for the total extent of the damages possibly caused by the kick in class. By James A. Henderson Jr., Published on 01/01/92. 403 (Wis. 1891) 1. Defendant did not intent to do any harm to Plaintiff. 403 (Wis. 1891) 80 Wis. 523. 50 N.W. 403 (Wisc. 3) In accordo con la regola della « eggshell skull rule » (o « talem qualem rule ») applicata in common-law Cfr., inter alia, Vosburg v. Putney, 80 Wis. 523, 50 N.W. One of the boys was barely into his fifteenth year, the other two days short of twelve. The economic basis for the distinction is the difference in information costs. If you are interested, please contact us at [email protected] The case involved an incident that occurred in February 1889 in Waukesha, Wisconsin. One day a classmate, 11-year old George Putney, reached across the aisle with his foot and made contact with Vosburg’s leg just below the knee, technically committing battery. But, intention to act is sufficient, when act is unlawful 4. Plus I read a bunch of pages for each class and wrote out several pages of legal terms I encountered in readings…I still have to finish defining most of them and write out notes on the “notes and questions” sections after the cases. Consider first briefing the case yourself and then comparing your brief to the sample that follows. 403, ** VOSBURG, by guardian ad litem, Respondent, v. PUTNEY, by guardian ad litem, Appellant. Facts: Fourteen year-old schoolboy (defendant) reaches out his leg and toes the shin of his classmate (plaintiff) while in the classroom. Vosburg v. Putney, 80 Wis. 523, 50 N.W. Defendant is liable for assault and battery even if he did not intend to cause plaintiff harm by touching his leg. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 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. Written and curated by real attorneys at Quimbee. CitationVosburg v. Putney, 86 Wis. 278, 56 N.W. 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. Vosburg v. Putney 50 N.W. vosburg v. putney 80 Wis. 523, 50 N.W. 403 (Wisc. Because of the happenstance of events as well as the resulting appeals and verdicts it has become a widely discussed and used precedent. Facts The plaintiff was a young boy who suffered an injury to his leg just below the knee. Supreme Court of Wisconsin 50 N.W. SUPREME COURT OF WISCONSIN Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. 1891) e Smith v. Leech Brain & Co., 2 QB 405 (1962). Keywords. 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. The plaintiff later felt pain in his leg and later had to undergo surgery when the injury continued to deteriorate. Jury found that D did not intend to injure P a. Paradigmatic intent for int’l torts: intent to harm b. Two boys, slight kick (prior injury) 2. Vosburg v. Putney. However, Plaintiff experienced great pain, a severe infection, and surgery at the kicked place. 80 Wis. 523, *; 50 N.W. Consider Vosburg v. Putney, an 1891 Wisconsin case. Vosburg v. Putney. ANNOTATION DISPLAY Print Bookmark Annotated Case Font Settings Clone. Vosburg v. Putney. 403 (Wis. 1891) * Lyon, J. “[The plaintiff, 14 years old at the time in question, brought an action for battery against the defendant, 12 years old. Supreme Court of Wisconsin . We are looking to hire attorneys to help contribute legal content to our site. The Young and the Battered. Putney, age 11, kicked Vosburg, age 14, in the leg during school. 1891), was an American torts case that helped establish the scope of liability in a battery. > Vosburg v. Putney. Keywords: Holding in Vosburg v. Putney. VOSBURG, by guardian ad litem, Respondent, v. PUTNEY, by guardian ad litem, Appellant. Though the touch is slight, plaintiff experiences pain and swelling in the subsequent days and ultimately loses the use of his leg. Vosburg v. Putney | 80 Wis 523 | November 17, 1891 | adam@wyner.info. 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.” Putney. Here’s what happened: Waukesha, Wisconsin, February 20, 1889. sign out sign in. -> CLICK. Template:Infobox South African town 2011 Vosburg is a town 61 km west of Britstown, in the Northern Cape province of South Africa.The town has relatively low crime rate and features many 18th century buildings.. Town 100 km north-north-west of Victoria West, 70 km west of Britstown and 94 km north-east of Carnarvon.It was founded in 1895 and became a municipality in 1897. There are two boys that we are concerned with, Andrew Vosburg, who is 14, and George Putney, who is 11. 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. Putney. Get Vosburg v. Putney, 50 N.W. Putney, age 11, kicked Vosburg, age 14, in the leg during school. Page 403. Scolnick for contracts (which is my first class) tomorrow and briefing Vosburg v. Putney for torts (which is my last class) tomorrow. Vosburg v. Putney 50 N.W. Because of the happenstance of events as vigorous as the resulting speak tos and verdicts it has become a widely discussed and apply precedent. Playlists Annotated Items Cases Texts Images Audio PDFs Videos Links Users H2O. 403 (Wis. 1891) FACTS: Plaintiff, who was 14 years old at the time, is bringing action against the defendant, who was 12 years old at the time of the incident, is seeking to recover damages for an assault and battery incident that took place on February 20, 1889 in Waukesha, Wisconsin. 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. Causation established by medical testimony 3. 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 Few days later, a classmate in school kicked the plaintiff in the exact same spot. The kick was slight. 480 (Wis. 1893) Brief Fact Summary. 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. 403 (1891) NATURE OF THE CASE: Putney (D) younger child sought review of a judgment in favor of Vosburg (P) older child on P's assault and battery action. 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