Polmatier v. Russ

The principal issue on this appeal is whether an insane person is liable for an intentional tort. The plaintiff, Dorothy Polmatier, executrix of the estate of her deceased husband, Arthur R. Polmatier, brought this action against the defendant, Norman Russ, seeking to recover damages for wrongful death. The state trial referee, exercising the power of the Superior Court, rendered judgment for the plaintiff. The defendant has appealed from that judgment. We find no error.

The trial court’s memorandum of decision and the record reveal the following undisputed facts. On the afternoon of November…