Vosburg v. Putney

Vosburg v. Putney
Court Supreme Court of Wisconsin
Full case name VOSBURG, by guardian ad litem, Respondent, vs. PUTNEY, by guardian ad litem, Appellant
Decided November 17, 1891 (1891-11-17)
Citation(s)

80 Wis. 523; 50 N.W. 403 Wisc.

(Wisc. 1891) Second Appeal
Case history
Prior action(s)

78 Wis. 84; 47 N.W. 99

(Wisc. 1890) First Appeal
Case opinions
  1. Sustained (yes)
  2. Remand, granting new trial.
  3. Sustained (yes)
Court membership
Judge(s) sitting

Lyon (2nd Appeal)

Orton (1st Appeal)
Case opinions
Decision by Lyon

Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc.1891), is a landmark torts case that helped establish the scope of liability in a battery. The case "came three times before the Supreme Court of Wisconsin, and the court's opinions, the second one in particular, were soon selected for coursebooks on Damages and Torts and became well known to generations of students, teachers and scholars of law. Even a century later, the "case" continues to stimulate thinking about the judicial process, legal doctrine and liability theory."[1] A variety of Vosburg v. Putney briefs can be found in the external links.

Principals

Summary

Facts

Chronology

Issues

[6]

  1. Whether the plaintiff lacked a cause of action where the jury found the "defendant, in touching the plaintiff with his foot, did not intend to do him any harm".
  2. Do material omissions in the statement of facts in a hypothetical question render it inadmissible?
  3. Is the recovery of damages limited to what an individual might reasonably be supposed to have contemplated?

Holdings

  1. Sustained (yes)
  2. Remand, granting new trial.
  3. Sustained (yes)

Judgment was reversed, and the case was remanded for a new trial because of error in a ruling on an objection to certain testimony.

Rules [2][4]

  1. "The intention to do harm is the essence of an assault" and "If the intended act is unlawful, the intention to commit it must necessarily be unlawful."
  2. "there can be no rule of evidence which will tolerate a hypothetical question to an expert, calling for his opinion in a matter vital to the case, which excludes from his consideration facts already proved by a witness upon whose testimony such hypothetical question is based, when a consideration of such facts by the expert is absolutely essential to enable him to form an intelligent opinion concerning such matter."
  3. Brown v. C., M. & St. P. R. Co. 54 Wis. 342 - "The rule of damages in actions for torts was held [in a prior case] to be that the wrong-doer is liable for all injuries resulting directly from the wrongful act, whether they could or could not be have been foreseen by him [wrong-doer].

Rationale

  1. Reasoning that, such is the rule in actions for mere assaults. However, this action was for assault and battery. If the kicking of the plaintiff by the defendant was an unlawful act, the intention to commit it must necessarily be unlawful.
  2. Reasoning that, "The error in permitting the witness to answer the question is material, and necessarily fatal to the judgment."
  3. Reasoning that, Previously (1st appeal), it was the opinion that the complaint stated a cause of action ex contractu [out of contract] and not ex delicto [out of tort]. Governed by a different rule of damages, the previous case rules on the question of damages.[2]

Sources

References

  1. ↑ McKinney, W.M., Michie, T.J. (1992), "The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases", Wis. L. Rev., LexisNexis
  2. 1 2 3 4 Epstein, Richard A. (2008). Cases and Materials on TORTS. New York, NY: Wolters Kluwer/Aspen. ISBN 9780735569232.
  3. ↑ McKinney, W.M., Michie, T.J. (1897), The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, 8, E. Thompson Co.
  4. 1 2 Farnsworth, Ward, Grady, Mark F. (2009), Torts: Cases and Questions (2nd ed.), Austin, TX: Wolters Kluwer Law & Business/Aspen, ISBN 9780735582941
  5. ↑ Dobbs, Dan B., Paul T. Hayden; Bublick, Ellen M. (2009), Torts and Compensation: Personal Accountability and Social Responsibility for Injury (6th ed.), St. Paul, MN: West Group, ISBN 9780314184900
  6. ↑ Lyon, William P. (1891), VOSBURG, by guardian ad litem, Respondent, vs. PUTNEY, by guardian ad litem, Appellant, Harvard University (law.harvard.edu)
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