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Civil Procedure Keyed to Friedenthal
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Scott, an Infant, by his Next Friend v. Sheperd, an Infant, by Guardian
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Sheperd, Defendant, threw a lighted squib (firecracker) into a marketplace. It landed on a salesman’s stand. One Willis picked it up and tossed it towards Ryal’s stand to prevent harm to his goods. Ryal picked up the squib and tossed it. The squib exploded in front of Scott’s (Plaintiff’s) face. Plaintiff lost an eye. Subsequently, Plaintiff sued Defendant for trespass and assault. The jury returned a verdict for Plaintiff of 100 pounds with Judge Nares presiding, subject to the opinion of the court en banc.
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