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torts cases
waters v blackshear
firecracker in boys shoe- minors can form intent/ general intent; liable for all consequence
polmatier v russ
guy kills father in law, hits with bottle and shoots, insane - still battery even if motives are
irrational
nelson v carroll
hits with gun, accidentally goes off - liable for actions even if not specific intended
battery, accident no defense
cullison v medley
gun in p's home/shook/jump astraddle- apprehension touches mind, imminent/ reasonable
person
brower v ackerly
threatening calls - not imminent
mcquiggan v boy scouts
boy hit in eye during game - consent implied in game play
hogan v tavzel
std - consent not valid when obtain fraud/mistaken
richard v mangion
boys in fight - consent implied, defense unless excessive force
slayton v mcdonald
plaintiff in boys home, boy shoots him - cant use weapons generally, unless danger is genuine
and depends on factors
young v warren
dad shoots son in law in back - defense must be well grounded in belief of immediate
harm/reasonable
woodard v turnipseed
beat plaintiff with broom, defense of property only when necessary/reasonable
Zalnis v thoroughbred datsun
salesman harassed, intimidated, knew of suceptibility- outrageous character can arise
from knowing susceptibility
thomas v harrahs
trespass during construction - reasonableness and inevitability not defense, only intent
is to be on that land
baker v shymkiv
heartattack during others trespass - damages caused by trespass need not be forseeable to be
compensable
vaughan v menlove
hayrick combustion- man of ordinary prudence standard
parrot v wells fargo co
nytroglycerine - negligence thru act or omission, defendant must establish negligence thru
DBCH not just injury
robinson v linsday
kids on snowmobile- adult for inherently dangerous
poyner v loftus
legally blind- standard of care special, RPP with same disability under circumstance
martin v herzog
buggy case - breach per se
thomas v mcdonald
truck two statutes- must be in class statute aimed at, harm statute intended to prevent
tj hooper
tugboat case - custom can be factor in determining breach
byrne v boadle
barrel out window- can show prima facie of breach via res ipsa
shull v bf goodrich
dock plate fails, throws plaintiff - no need to be in control at time of harm
cay v louisiana dotd
drunk guy falls off bridge - cause in fact whether defendant not committing act would prevent
harm