Vosburg v. Putney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. 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 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.
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APPEAL from the Circuit Court for Waukesha County. 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 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. 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 occurred in a school-room in Waukesha, during school hours,…
1Opinion of the CourtLyoN, J.
Several errors are assigned, only three of which will be considered.
1. 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. on the special verdict should have been granted. In support of this proposition counsel quote from 2 Greenl. Ev. § 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. But this is an action to…
2Cases cited1 opinion
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
3Cited by47 opinions
- Gary C. Lancaster v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1985
- Beatrice WILLIAMSON, Plaintiff-Appellee-Cross-Appellant, v. HANDY BUTTON MACHINE COMPANY, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1987
- Donald R. Parrett v. City of Connersville, IndianaCourt of Appeals for the Seventh Circuit · 1984
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Kimberly Turic v. Holland Hospitality, Inc., D/B/A Holiday Inn and Conference Center of Holland, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
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