FACTS
RULE
Intentional Torts
Battery
Vosburg v. Putney
Boy kicks another boy in the shin during school hours.
If you intend to touch, even without the intent to harm, and that touching is unlawful you may be liable for the injuries you cause.
Garratt v. Dailey
Little boy pulls chair out from under old lady, and she falls to the ground causing injury.
If you know with substantial certainty that your actions can result in injury you have committed a battery
White v. U. of Idaho
Music professor touched a woman on the back like he was playing a piano, she was frightened and injured.
She stated a valid claim for battery even though he did not mean to harm or offend her
.
Talmage v. Smith
Man intended to hit someone with a stick but accidentally hit bystander.
Intent can be transferred to an innocent 3rd party.
Trespass
Doughtery v. Stepp
Man goes on another’s land to survey to find his property line.
If you intentionally go on to someone’s real property without consent you are responsible for the damage caused.
Smith v. Smith
Barn overhang is trespass.
Any intrusion on, above or below land is a trespass.
Neiswonger v. Goodyear
Plane flying too low.
Intrusion above land is trespass.
Brown v. Dellinger
Little boys trespassing start fire and it consumes the owner’s home.
If you do not intentionally damage property during trespass you are liable.
Cleveland Park Club v. Perry
Little boy puts ball in pipe and breaks pool.
The intent to complete the physical act is actionable, there does not need to be an intent to cause injury.
Trespass to Chattels
Intel Corp v. Hamadi
Disgruntled former employee sends mass emails to current employees about hiring practices.
You must either interfere with the possession or use of the chattel to be liable.
Defenses to Intentional Torts
Consent
Mohr v. Williams
Woman goes into hospital and gives consent for operation on her right ear. Doctor operates on left ear b/c it is a worse condition. Cant ask
p’s consent b/c she is knocked out.
An unlawful touching is a battery. If an operation is performed w/o P’s consent, and the circumstances do not justify the operation w/o consent, it is unlawful, and is a battery.
Humans are autonomous creatures and have the right to be free from any unwanted touching.
Washburn v. Clara
Doctor fused two vertebrae together when P only one was necessary and consented to.
You cannot exceed the scope of consent for an unnecessary purpose. If you do you are liable.
Kennedy v. Parrott
Doctor punctured ovarian cysts during an appendectomy, and caused injury to P
When a doctor goes outside the scope of consent for something that is deemed medically necessary he is not liable.
O’Brien v. Cunard Steamship Co.
Immigrant holds up arm and gets shot and then tries to sue claiming no consent.
Consent by action is good consent and bars action.
Hudson v. Craft
Guy participates in an illegal prize fight and is injured. Guy sues promoter even though he consented.
Consent is not a defense for an illegal act.
Insanity
McGuire v. Almy
Insane woman hits caretaker in the head with a piece of furniture.
Insanity is not a defense in torts.
Polmatier v. Russ
Man beats, shoots his father in law and then is found naked holding his child in the woods.
Intent to invade the interests of another person are actionable even though the actor may be acting completely irrational.
Self-Defense
Courvoisier v. Raymond
Man’s jewelry store is being robbed and fires warning shot. Sheriff comes over to stop the situation and is shot when P thinks he’s going to attack him.
Self defense is a viable defense if (1) you believe that your life is in danger, and (2) that belief is reasonable
Morris v. Platt
Harming of an innocent bystander by force reasonably intended in self-defense to repel attack of a third party is not actionable
Defense of Property
Bird v. Holbrook
Man sets up spring gun in his garden to protect his prize vegetables from thievery. Kid goes into garden to fetch peacock and gets shot.
You must post notices to use deadly force to protect property.
Katko v. Briney
Man sets up spring gun in house and thief gets shot when he breaks in.
Malicious traps used to protect property are illegal and you are liable for the harm they cause.
Recapture of Chattels
Kirby v. Foster
Employee takes money from employer that he thinks he is owed and employer beats him up to get the money back.
When someone procures a possession of a chattel by peaceful means you cannot use violence to get it back.
Berg v. Wiley
Landlord changed locks while tenant was away and court said violence would have erupted but for the absence of the tenant.
You cannot use means that are likely to erupt in violence in repossession of chattels.
Necessity
Ploof v. Putnam
Family ties boat to another person’s dock to save their lives and the boat during storm & servant unties boat causing damage to boat and injury to family
Necessity allows someone to trespass to save goods or lives. You have no duty to rescue, but you cannot prevent someone from rescuing themselves.
Mouse’s Case
Case begins the theory of general average contribution. Master may je
tells a woman that her husband was severely injured as a joke and it caused woman to vomit and have a severe headache.
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability.
Boullion v. Laclede Gaslight Co.
Δ trespassed which let cold air in and caused emotional distress. Π sued for the miscarriage and health problems ensuing from the cold air and mental distress but not for the trespass.
Π can sue for damages proximately caused by an initial tort without suing for the damages from that tort.
RST ß 46
Strict Liability and Negligence: (History)
The Formative Cases
The Thorns Case
Man was cutting thorn bushes on his property when they fell on his neighbor’s land. He went over to pick them up.
Fault is not required for liability. Even innocent trespasser to land are liable under a theory of strict liability.
Millen v. Fandrye
Dog chased sheep off land when they were trespassing.
If you act lawfully and use best efforts to avoid trespass during that act you are not liable for trespass.
Weaver v. Ward
Two men were practicing military exercises when one man’s gun discharges and hits the other.
D
is liable unless he can prove that the p actually caused the injury, or that the injury occurred b/c of the actions of a third party, or that the action was an inevitable accident.
The Forms of Action
Scott v. Shepherd
A man threw a lighted squib in an open market, and the squib was subsequently thrown from person to person until it hit
p in the face putting his eye out.
The original throwing of the squib was unlawful and intended for mischief; therefore, the person who threw the squib was liable for all consequences of the act.
Guille v. Swann
A man crashed his hot-air balloon into a woman’s garden causing damage. As he was crying for help he drew a crowd which also caused damage to woman’s property.
If your act or negligence causes immediate injury to another’s property you are liable. If you put yourself in a situation that invites help you are liable for the damage caused by your rescuer.
