Case Briefs
Case1 Plaintiff(14) VS Defendant(11) February 20th 1889
Fact: Two boys were in a same high school of the village of Waukesha.11 years old boy kicked another 14 years old boy which caused the boy never recovered the use of his limb. The former was sued by the latter for $2800.
Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm.
Holdings: the jury rendered a verdict for the plaintiff of $2800.
Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and the medical testimony seems to have been agreed that this touch or kick was the exciting cause of the injury to the plaintiff.
Case2
Plaintiff Ralph Edward DAVIS VS Defendant Walter Calvin WHITE ,Jr. September 10,1977
Facts : White had obtained a gun in anticipation of shooting Tipton in an argument ,but missed and shot Davis in the stomach who was washing cars in front of his mother’s house on Fairmont Avenue in Richmond ,Virginia.
Issue: whether an action based upon a willful and malicious injury by the debtor to another person is nondischargeable in bankruptcy.
Holdings: the debt resulting from that act is nondischargeable in bankruptcy.
Rationale: Every person is liable for the direct ,natural and probable consequence of his acts, and that every one doing an unlawful act is responsible for all of the consequential results of that act. The evidence here clearly show that the shooting was a wrongful act intentionally done and Davis’s injuries resulted from that act. And the debts results from that act. If one intentionally commits an assault or battery at another and by mistake strikes a third person, he is guilty of an assault and battery of the third person.
Case3
Plaintiff Dan R.CULLISON
Fact: Two boys were in a same high school of the village of Waukesha.11 years old boy kicked another 14 years old boy which caused the boy never recovered the use of his limb. The former was sued by the latter for $2800.
Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm.
Holdings: the jury rendered a verdict for the plaintiff of $2800.
Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and the medical testimony seems to have been agreed that this touch or kick was the exciting cause of the injury to the plaintiff.
Case2
Plaintiff Ralph Edward DAVIS VS Defendant Walter Calvin WHITE ,Jr. September 10,1977
Facts : White had obtained a gun in anticipation of shooting Tipton in an argument ,but missed and shot Davis in the stomach who was washing cars in front of his mother’s house on Fairmont Avenue in Richmond ,Virginia.
Issue: whether an action based upon a willful and malicious injury by the debtor to another person is nondischargeable in bankruptcy.
Holdings: the debt resulting from that act is nondischargeable in bankruptcy.
Rationale: Every person is liable for the direct ,natural and probable consequence of his acts, and that every one doing an unlawful act is responsible for all of the consequential results of that act. The evidence here clearly show that the shooting was a wrongful act intentionally done and Davis’s injuries resulted from that act. And the debts results from that act. If one intentionally commits an assault or battery at another and by mistake strikes a third person, he is guilty of an assault and battery of the third person.
Case3
Plaintiff Dan R.CULLISON