O'BRIEN V. CUNARD S.S. CO.
Sup. Jud. Ct. of Mass., 154 Mass. 272, 28 N.E. 266 (1891)
NATURE OF THE CASE: This is an action to recover damages for assault and negligence.
FACTS: The Cunard S.S. Co. (D) had the custom of providing smallpox vaccinations on board
ship to avoid quarantine problems when their passengers arrived in the U.S. Notice of
quarantine regulations and the willingness to give passengers vaccinations was posted
throughout the ship in various languages. About 200 women passengers were assembled and were
vaccinated. O'Brien (P) stood in a line of women who waited to have the injections and saw
the entire process of examination and vaccination. When D's turn came up she showed her arm
and told the doctor that she had been vaccinated before but it had left no mark. D said
nothing about not wanting to be vaccinated again. The doctor did not reply but told her to
get vaccinated again whereupon she raised her arm and received the shot. The ship's doctor
assumed that P consented to receiving the vaccination because there was nothing in her
conduct to indicate the contrary. P sued D for vaccinating her against her will. The verdict
was directed to D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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