TALMAGE V. SMITH
Sup. Ct. of Mich., 101 Mich. 370, 59 N.W. 656 (1894)
NATURE OF THE CASE: This is an action for damages for trespass to the person (battery).
FACTS: Talmage (P) and six or eight other children were playing on several roofs of sheds
on Smith's (D) property. D ordered the children to get down, D ordered two more boys to get
down from a second shed. Both started to get down as they were told but before they could
comply, D took a stick (two inches in width and sixteen inches long) and threw it at one of
the two boys in view. The stick missed its intended target and struck P in the eye. P lost
all sight in that eye. There was evidence that D threw the stick with the intent to hit
Byron Smith (one of the boys on the roof), and not P. The trial court issued a set of jury
instructions and the jury rendered a verdict for P. D appealed on grounds that he did not
intend to hit P and was only attempting to scare another boy away.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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