VOSBURG V. PUTNEY
80 Wis. 523, 50 N.W. 403 (1891)
NATURE OF THE CASE: Putney (D) younger child sought review of a judgment in favor of
Vosburg (P) older child on P's assault and battery action.
FACTS: Vosburg (P) and Putney (D) were sitting across from each other in school when D
(11 years old) lightly kicked P (14 years old) just below the knee. P did not immediately
feel the kick. A few days before this incident, P had hurt the same spot on his leg. His leg
was in the process of healing. D's kick revivified the microbes, causing bone destruction. P
later felt pain in the leg, the injury deteriorated, and eventually had to be operated on. P
lost the use of his limb. P sued. Judgment was granted for P for an amount of $2800. D
appealed and the decision was reversed for error. A new trial was awarded. The case was
again tried in the circuit court. P received a verdict for $2,500. D appealed from this
judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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