Wednesday, September 26, 2012

Vosburg v. Putney


a.       One school child kicked another, causing the victim’s leg to be lame. Plaintiff won.
b.      Defendant did not intend to do harm, but was still Liable. The intended act was unlawful (it was out of the classroom), therefore the underlying intent was necessarily unlawful.
c.       The judge went from “touching with the foot, a knee” to “a kick”. We must look at the nature of the act
d.      Both parties were in class, not playground, so no excuse for the battery

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