Bullock v. Babcock
New York Supreme Court
This was an action of trespass, assault and battery, tried at the Madison circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. In 1816, the defendant then being about 12 years of age, shooting an arrow from a bow, struck the plaintiff and put out one of his eyes, the plaintiff being then between nine and ten years of age. The plaintiff and defendant were school mates. The boys attending the school were assembled near the school house.
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This was an action of trespass, assault and battery, tried at the Madison circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. In 1816, the defendant then being about 12 years of age, shooting an arrow from a bow, struck the plaintiff and put out one of his eyes, the plaintiff being then between nine and ten years of age. The plaintiff and defendant were school mates. The boys attending the school were assembled near the school house. One of them had a bow and arrow with which he and the defendant had been shooting at a mark. Some remark was made by the…
1Opinion of the Court
By the Court,
Marcy, J.
It is not, I apprehend, necessary for us to say whether the judge erred or not in his remark to the jury that, under the circumstances of the case, the act of the defendant in shooting the arrow in the school room, where there were a number of scholars, was not lawful ; for if the act in itself was lawful, and there was not a proper care to guard against consequences injurious to others, the actor must be held responsible for such consequences.
In ordinary cases, if the injury is not the effect of an unavoidable accident, the person by whom it is inflicted is liable *393to…
2Cited by40 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Morris v. PlattSupreme Court of Connecticut · 1864
- Williams v. . HaysNew York Court of Appeals · 1894
- Mercer v. CorbinIndiana Supreme Court · 1889
- Charbonneau v. MacRurySupreme Court of New Hampshire · 1931
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