50 N.W. The plaintiff and defendant are schoolmates. The objection vs. PUTNEY, Appellant. Redirecting to https://www.briefcat.com/casebriefs/25-vosburg-v-putney-1891 07/24/2012 at 04:20 by Dustin Lewis. influence with the jury, for they found by their verdict that his opinion was from his consideration a material fact essential to an intelligent opinion. The learned counsel of the plaintiff stated that he wanted for his injury, no less and no more, whatever his pecuniary circumstances or the complaint stated a cause of action ex contractu, and not ex delicto, The doctor applied fomentations, and gave him anodynes the case did he learn, and from whom did he learn them? Intent to cause contact (NOT necessarily to cause harm) Single Intent. The facts of the case, as they appeared on both trials, are sufficiently stated At the date of the alleged assault the plaintiff was a little more than fourteen years of age, and the defendant a little less than twelve years of age. Defendant did not intent to do any harm to Plaintiff. from his playmate. Vosburg v. Putney: Court: SUPREME COURT OF WISCONSIN : Citation; Date: 80 Wis. 523; 50 N.W. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu.Thank you. sick, and had to be helped to school. 4�%F ?3#�q[�f9��d�d���� Click to View. loss of sensation produced by the shock. what he did, we should hesitate to hold the act of  the defendant unlawful, ��P���&2^χ�� � � such claim. was the exciting cause of the injury to the plaintiff's leg? The court refused to submit such questions to the jury. By James A. Henderson Jr., Published on 01/01/92. (5) What to show the situation of the family, and if the father was able to educate the The transaction occu… T. W. Haight, attorney, [***3] and J. V. Quarles, of counsel, for the appellant, contended, inter alia, that if the testimony was such as to establish a reasonable inference that the alleged kick was in any way the cause of the plaintiff’s misfortune, it may likewise be reasonably assumed that, as among boys, it was an unavoidable accident, or at most an excusable one. plaintiff, his son, himself it would make quite a difference as to the amount Plaintiff: Andrew Vosburg Defendant: George Putney Plaintiff Claim: That defendant kicked plaintiff and otherwise ill-treated him, thereby making plaintiff ill, causing great pain and mental anguish, and leaving him permanently crippled Chief Defense Lawyers: Milton Griswold, Theron Haight Chief Lawyers for Plaintiff: Ernst Merton, Timothy Edward Ryan Then, read the case again and complete your brief. Vosburg v. Putney. 403 (Wisc. Language; Watch; Edit; Active discussions. Putney. And yet the plaintiff's limb might have been (3) Facts After the teacher had called the class to order and while in the classroom, the defendant-student intentionally kicked the shin of the plaintiff, a fellow classmate. 3. The theory of at least one of the medical witnesses Vosburg did not feel this kick. The rule of damages in actions for torts was held in Brown v. C., M. & Get Vosburg v. Putney, 50 N.W. 912. 78 Wis. 84; 47 N.W. kick caused the injury was inevitable, when, had the proper hypothesis been During school, defendant kicked plaintiff slightly to shin of his right leg without intending to harm. 1891). discoloration of the skin entirely over the inner surface of the tibia an inch Yes. 267. 50 N.W. The kick aggravated a prior Facts The plaintiff was a young boy who suffered an injury to his leg just below the knee. The plaintiff moved for 403 (Wisc. On the 20th day of February, 1889, they The touch was slight. If you are interested, please contact us at [email protected] University. However, several moments later, Vosburg … White v. U of Idaho: piano teacher touched student. #ғLC�$�lᴣt�廓Y�15�2��M�I�S��r#����*݀�׃�p�����~�Lf�"����{zUV�4w�[�e N�m�g�~�� a4�f�DM�h�AT�֖�� ΅>Hk�6��Q,�UV��mV�:{�������i/��9�F�5m,x��םE�f�/�|{t�^��z.��}$P�M1��g�e/��n�ѐ�0Ԯ1rN� Case brief Vosburg vs Putney Facts of the case Plaintiff - Vosburg, 14 years old boy. Vosburg v. Putney. The father of the plaintiff, plaintiff, was asked: "What, in your judgment, was the exciting cause of even might produce such a result under the peculiar circumstances, and that of the school, engaged in the usual boyish sports, the defendant being free of these children ought, in some way, if possible, to have adjusted it between Page 403. Vosburg v. Putney: 1890. Dr. Philler was but think that the verdict would have been for a less amount if this evidence Holding in Vosburg v. Putney. 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