Saturday, October 4, 2014

Talmage v. Smith case brief


Talmage v. Smith case brief summary

Facts: The D saw two boys on the roof , and ordered them to get down. Before they came down off the roof, D threw the stick at one of the boys in view of the D. However, the stick missed him, and hit the another boy, the P, resulting in the Plaintiff's injury.
D knew he was there. He didn’t know that he was aiming for the particular individual and instead though it was someone else.

Issue:
Is the defendant liabile for hitting a person who he did not intend to harm?


The court noted that the defendant in this case had malice when he threw the stick.

R: An individual who intends an act or consequence against one party and instead injures a third party is liable to the third party for the injuries suffered.

The P must prove among other things, D had a will or purpose of harm the P or any 3rd party

C: affirmed

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