HULLE V. ORYNGE (The Case of Thorns)
King's Bench, Y.B.M. 6 Edw. IV, folio 7, placitum. 18 (1466)
NATURE OF THE CASE: This was a trespass action to recover for damages with the counsel
arguing a point of law to the court.
FACTS: The following argument was stated: When a party erects a building and when the
timber is being lifted a piece falls upon the house of my neighbor and bruises his house, he
will have a cause of action even though the erection of the house was lawful and the timber
fell without any intent. Similarly, if a man raises a stick to defend himself and injures a
man in the act of raising the stick to defend, there would be an action even though the act
of defense was lawful and the injury to the third part was without intent.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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