Wednesday, June 11, 2014

McGuire v Almy case brief summary

McGuire v Almy case brief summary
(Supreme Judicial Court of Mass., 1937)

Case Facts--- A nurse working with a mentally patient, was struck by the patient with the end of a leg of furniture. The patient was in the middle of a violent attack, and had destroyed furniture in the room. The defendant told the plaintiff is she were to enter the room she would kill her, despite this the nurse fearing the patient would harm herself intervened.

Issue---- Can a mentally ill person be liable for property damage

Holding----- If an insane person commits an act that does intentional damage to the person or property of another he is liable for that damage just like normal person would be liable.

Reasoning---- In order for a person to be liable he must have been capable of entertaining the same intent, as a normal person, and in fact entertained it. In this case it is apparent that the jury could find that the defendant was capable of entertaining and that she did entertain an intent to strike and to inure the plaintiff. She acted on that intent.

Judgment/Resulting Rule--- In order for a person to be liable he must have been capable of entertaining the same intent, as a normal person, and in fact entertained it.

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