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TRESPASS TO PERSON AND RELATED MATTERS

Vosburg v. Putney, 50 N.W. 403 (Wis. 1891)

ISSUE:

Is the wrongdoer is liable for all injuries resulting directly from the wrongful act whether they could or could not have been foreseen by him?

Is the rule " intention to do harm is of the essence of assault" applicable for cases of assault and battery?

RULE:

In an action to recover damages for an alleged assault and battery, the plaintiff must show either that the intention was unlawful, or that the defendant was in fault.

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TRESPASS TO PERSON AND RELATED MATTERS

Cole v. Turner, 6 Mod. 149

ISSUE:​

Does any type of touching result in battery? What is the connection between anger and battery?

RULE:​

The least touching of another in anger is a battery. If two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it is no battery. If any of them use violence against the other, to force his way in a rude inordinate manner, it is a battery.

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TRESPASS TO PERSON AND RELATED MATTERS

Wilkinson v. Downton [1897] 2 QB 57

ISSUE:

Did the defendant do an act calculated to cause physical harm to the plaintiff?

Could a reasonable person foresee such consequences?

RULE:

It is difficult to imagine that such a statement, made suddenly and with apparent seriousness, could fail to produce grave effects under the circumstances upon any but an exceptionally indifferent person, and therefore an intention to produce such an effect must be imputed, and it is no answer in law to say that more harm was done than was anticipated, for that is commonly the case with all wrongs.

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