Fletcher v. Rylands
Brief

View this case and other resources at: Citation. 159 ER 737, Volume 159 Brief Fact Summary. Water from Defendant's reservoir escaped onto Plaintiff's land because of an unknown latent defect in Defendant's subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. This action is maintainable on the plain ground that Defendant has caused water to flow into Plaintiff's land. ...

Rylands v. Fletcher
Brief

View this case and other resources at: Citation. 24 Nev. 251, 52 P. 274, 1898 Nev. Brief Fact Summary. Water from Defendant's reservoir escaped onto Plaintiff's land because of an unknown latent defect in Defendant's subsoil. Plaintiff sued Defendant for trespass. Synopsis of Rule of Law. One who lawfully brings something onto his land, which though harmless while it remains there will naturally do mischief if it escapes the land, will be strictly liable for its escape. ...

Scott v. Shepherd
Brief

View this case and other resources at: Citation. 484 U.S. 940 108 S. Ct. 323 98 L. Ed. 2d 351 1987 U.S. Brief Fact Summary. Shepard (Defendant) threw a lighted squib into a crowded marketplace. As a result, two other patrons threw the squib until it struck Scott (Plaintiff) in the face, injuring him. Plaintiff sued Defendant for trespass and assault. Synopsis of Rule of Law. Everyone who does an unlawful act is considered as the doer of all that follows. ...

Brown v. Kendall
Brief

View this case and other resources at: Citation. 2010 U.S. App. Brief Fact Summary. Defendant accidentally struck Plaintiff in an attempt to separate fighting dogs. Plaintiff sued Defendant in an action of trespass for assault and battery. Synopsis of Rule of Law. If the injury was unavoidable, and the conduct of Defendant was free from blame, he will not be liable. ...

Fletcher v. Rylands
Brief

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The Thorns Case
Brief

View this case and other resources at: Citation. Y.B. Mich. 6 Ed. 4, f. 7, pl. 18 (1466). Brief Fact Summary. Defendant cut thorns from a hedge. These thorns landed on Plaintiff's land and Defendant entered Plaintiff's land to retrieve them. Plaintiff brought suit for trespass. Synopsis of Rule of Law. If one does harm to the person or property of another, he is liable for the damage he causes even if it is an unintentional, lawful act that has caused the damage. ...

Weaver v. Ward
Brief

View this case and other resources at: Citation.535 U.S. 1058 122 S. Ct. 1920 152 L. Ed. 2d 828 2002 U.S. Brief Fact Summary. Ward (Defendant) and Weaver (Plaintiff), both soldiers, were skirmishing with muskets when Defendant's musket accidentally fired, injuring Plaintiff. Plaintiff brought an action of trespass of assault and battery against Defendant. Synopsis of Rule of Law. An inevitable accident is a defense to trespass. ...

Bird v. Jones
Brief

View this case and other resources at: Citation. 513 U.S. 1041 115 S. Ct. 635 130 L. Ed. 2d 540, 1994 U.S. Brief Fact Summary. Jones (Defendant) prohibited Bird (Plaintiff) from moving in the direction he wished to go. Plaintiff was free to remain where he was, or move in any other direction but the one direction obstructed by Defendant. Plaintiff sued Defendant for false imprisonment. Synopsis of Rule of Law. A prison may have boundaries that are large or narrow, visible or tangible, moveable or fixed, but it must have some boundary. ...

Coblyn v. Kennedy’s Inc
Brief

View this case and other resources at: Citation. 359 Mass. 319, 268 N.E.2d 860, 1971 Mass. Brief Fact Summary. After shopping in Kennedy's Inc.'s (Defendant's) store, Coblyn (Plaintiff) was leaving when Defendant stopped him. Defendant thought Plaintiff was attempting to steal an ascot. Plaintiff was hospitalized and sued Defendant for false imprisonment. Synopsis of Rule of Law. Any demonstration of physical power, which, to all appearances, can be avoided only by submission, operates as a false imprisonment. Defendant has a privilege to detain Plaintiff if done in a reason ...

Wilkinson v. Downton
Brief

View this case and other resources at: Citation. [1897] 2 Q.B. 57. Brief Fact Summary. As a practical joke, Defendant told Plaintiff that her husband was injured in an accident and broke both of his legs. In hearing the news, Plaintiff experienced a violent shock to her nervous system. The jury awarded Plaintiff ...

I. de S. and Wife v. W. de S
Brief

View this case and other resources at: Citation. At the Assizes, coram Thorpe, C.J., 1348 [or 1349] Year Book, Liber Assisarum, folio 99, placitum 60. Brief Fact Summary. After Defendant struck the door of Plaintiff's tavern with a hatchet, Plaintiff told Defendant to stop. Defendant saw Plaintiff and struck the door with the hatchet again, but he did not hit Plaintiff. Plaintiff sued Defendant for assault. Synopsis of Rule of Law. The tort of assault does not require physical contact. ...

Tuberville v. Savage
Brief

View this case and other resources at: Citation. 86 Eng. Rep. 684 (K.B. 1669). Brief Fact Summary. Plaintiff put his hand upon his sword and said to Defendant, "If it were not assize-time, I would not take such language from you." Defendant sued Plaintiff for assault. Synopsis of Rule of Law. Threats of some future harm are insufficient to constitute the tort of assault. ...

Alcorn v. Mitchell
Brief

View this case and other resources at: Citation. 2010 U.S. Dist. Brief Fact Summary. Alcorn (Plaintiff) was awarded $1,000 in damages after Mitchell (Defendant) spat in Plaintiff's face. Defendant appealed, claiming the damages were excessive. Synopsis of Rule of Law. It is customary to instruct juries that they may give vindictive damages when there are circumstances of malice, willfulness, wantonness, outrage and indignity attending the wrong. ...

Ploof v. Putnam
Brief

View this case and other resources at: Citation. 83 Vt. 494, 76 A. 145 (1910) Brief Fact Summary. To escape a storm, Ploof (Plaintiff) tied his boat to Putnam's (Defendant's) dock. Defendant untied Plaintiff's boat. Plaintiff and his family were injured and the boat was destroyed. Synopsis of Rule of Law. Necessity will justify entries upon land and interferences with personal property that would otherwise have been trespass. ...

Vincent v. Lake Erie Transportation Co
Brief

View this case and other resources at: Citation. 109 Minn. 456, 124 N.W. 221, 1910 Minn. Brief Fact Summary. Lake Erie Transportation Co. (Defendant) tied and prudently held its steamship to Vincent's (Plaintiff's) dock during a severe storm. In doing so, Defendant preserved its steamship at the expense of Plaintiff's dock. Plaintiff seeks compensation for the damage done to the dock and Defendant claims the privilege of private necessity. Synopsis of Rule of Law. A party acting under private necessity is liable for damages incurred to the property of others. ...

Courvoisier v. Raymond
Brief

View this case and other resources at: Citation. 23 Colo. 113, 47 P. 284, 1896 Colo. Brief Fact Summary. Courvoisier (Defendant), a jewelry storeowner, shot Raymond (Plaintiff), a police officer, because Defendant believed his life was in danger. Synopsis of Rule of Law. Defendant shot Plaintiff during a riot. Defendant swears that he thought Plaintiff, a police officer, to be a rioter who was approaching him in a threatening attitude. ...

Bird v. Holbrook
Brief

View this case and other resources at: Citation. 130 eng. Rep. 911 (C.P. 1825). Brief Fact Summary. Bird (Defendant) set a spring gun trap in his garden to protect his property. The spring gun trap injured Holbrook (Plaintiff) innocent trespasser. Synopsis of Rule of Law. No man can do indirectly that which he is forbidden to do directly. ...

Kirby v. Foster
Brief

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Hudson v. Craft
Brief

View this case and other resources at: Citation. 322 F. Supp. 519, 1970 U.S. Dist. Brief Fact Summary. Hudson (Plaintiff) was injured in an unlicensed boxing match conducted by Craft (Defendant). Defendant did not obtain a license and did not observe the rules and regulations. Plaintiff consented to the boxing match. Synopsis of Rule of Law. A boxing promoter is liable for the boxers' injuries in an unlicensed boxing match, regardless of whether or not the boxers consented. ...

McGuire v. Almy
Brief

View this case and other resources at: Citation. 297 Mass. 323, 8 N.E.2d 760, 1937 Mass. Brief Fact Summary. Mcquire (Plaintiff), a registered nurse, was hired to care for Almy (Defendant), an insane person. During a violent attack, Defendant stuck Plaintiff with the leg of a low-boy (a piece of furniture). Plaintiff brought suit against Defendant for assault and battery. Synopsis of Rule of Law. An insane person is liable for his intentional torts. ...

Intel Corp. v. Hamidi
Brief

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Mohr v. Williams
Brief

View this case and other resources at: Citation. 130 S. Ct. 56 175 L. Ed. 2d 45 2009 U.S. Brief Fact Summary. Mohr (Plaintiff) brought suit against Williams (Defendant), a surgeon, for assault and battery after Defendant successfully and skillfully performed an operation on Plaintiff's left ear that impaired Plaintiff's hearing. Synopsis of Rule of Law. If an operation is performed without Plaintiff's consent, and the circumstances were not such as to justify its performance without consent, then the operation is wrongful and thus unlawful. ...

Canterbury v. Spence
Brief

View this case and other resources at: Citation. 409 U.S. 1064 93 S. Ct. 560 34 L. Ed. 2d 518 1972 U.S. Brief Fact Summary. Plaintiff experienced back pain. Defendant told Plaintiff that he needed surgery, but did not inform of the risks of the surgery. Plaintiff sued Defendant for negligently withholding the risk of the surgery. Synopsis of Rule of Law. A doctor has a duty to disclose all reasonable information about a proposed treatment to his patients. ...

Vosburg v. Putney
Brief

View this case and other resources at: Citation. 86 Wis. 278, 56 N.W. 480 (1893) Brief Fact Summary. Putney (Defendant) slightly, but unlawfully, kicked Vosburg (Plaintiff) during school. Defendant did not intent to do any harm to Plaintiff. Although the kick was slight, Plaintiff lost the use of his limb because Defendant's kick revivified a previous injury. Synopsis of Rule of Law. In actions for assault and battery, Plaintiff must show either that the intention was unlawful, or that Defendant is at fault. The wrongdoer is liable for all injuries resulting directly from ...

Dougherty v. Stepp
Brief

View this case and other resources at: Citation. 18 N.C. 371, 1835 N.C. Brief Fact Summary. Stepp (Defendant) entered onto Dougherty's (Plaintiff's) land to claim a portion of it as his own. No actual physical damage was done to Plaintiff's land. Synopsis of Rule of Law. Every unauthorized entry onto the land of another is a trespass. ...