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Torts Keyed to Epstein
Vosburg v. Putney
Citation:
50 N.W. 403 (Wisc. 1891)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Putney (defendant) and Vosney (plaintiff) were sitting across an aisle from each other in a high school classroom. Putney lightly kicked Vosney in the shin, and Vosney did not feel pain at first. After a few minutes, he felt extreme pain in the spot that was kicked. The next day, he was sick and had to be helped to school. By the fourth day, Vosney was vomiting, and the doctor sent some medicine. When the doctor came to visit, he saw that the knee was slightly bruised. The swelling increased over the next few days, and the doctor had to operate. He discovered that Vosney’s bone was deteriorating and determined that Vosney would never use his leg again. Another medical expert gave the theory that Vosney’s leg was already infected from a previous injury and that the light kick was the remote cause of revivifying the bacteria that caused bone destruction.
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