MASTERS V. BECKER
22 A.D.2d 118 (1964)
NATURE OF THE CASE: The guardian of a six-year old child brought an action for assault
against a nine-year old child's parent for an assault the nine-year-old made against the
six-year-old. Judgment was entered in favor of the nine-year old child's parent. The
six-year old child's guardian appealed.
FACTS: When the injury occurred, the infant Susan Masters (P) was about six years of age
and Claudia Becker (D) was about nine years of age. They, together with D's sister, were
playing on a motor truck in an empty lot, and P was standing on a narrow ledge on the
outside of the truck's tailgate. D told or at least urged P to get off; and P refused and
cried, saying she was frightened. Then D pried P's fingers off the tailgate and P fell to
the ground, sustaining severe injuries. D's testimony indicated that the reason for her act
was to force P to give D and her sister their turns to get onto the ledge so that they could
jump off. The trial court instructed the jury that the guardian was required to establish
that D intended the very injury that P sustained. D got the verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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