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Brown v. Kendall Author: Nicole
Facts-
Two dogs belonging to the plaintiff and
defendant began fighting. The defendant took a stick and
tried to break them apart by hitting them. As he was
swinging the stick back, he accidentally hit the plaintiff in the
eye.
Issue-
Is the defendant responsible for
unintentionally injuring the plaintiff because he did not
exercise extraordinary care?
Decision-
No.
Rule of Law-
If the defendant was engaged in a lawful act
and commits an existential injury then he cannot be responsible
for the injury unless he did not exercise due care.
If the act was unlawful, or if he was
reckless with his actions, the defendant would be responsible.
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