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Talmage v. Smith Case Brief

Summary of Talmage v. Smith

Facts: Def found several boys atop his sheds. He requested that they get down and they did. As he rounded the corner he saw two other boys remaining.  He ordered them down, and as they began to he threw a stick at them.  The stick struck one boy in the eye causing an injury therefrom.

Issue: Was the throwing of the stick reasonable force or intent to injure?

Holding: Intent to injure.

Procedure: Jury verdict for Pl.  Affirmed

Rule: If intent existed to trespass the person of another, and the trespass caused an injury, the trespasser is liable for the injury.

Ct. Rationale: The def caused the stick to be propelled in the direction of the boys, knowing that the boys were there, and intent on hitting one of them.  It is no defense that the one hit, wasn’t aimed for, nor hit in the manner determined, only that he caused the stick to be propelled under the intent to hit someone.




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