McGuire
v Almy case brief summary
(Supreme Judicial Court of Mass., 1937)
(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.
No comments:
Post a Comment