Torts Keyed to Dobbs
Brown v. Kendall
Facts
Kendall (Defendant) was attempting to separate two fighting dogs, using a four-foot stick to beat them. He was raising the stick over his shoulder when he accidentally hit Plaintiff in the eye. At trial, Defendant requested that the judge give the jury an instruction stating that if Defendant was exercising ordinary care and Plaintiff was not, the latter could not recover. The judge declined, instead charging the jury that if Defendant’s actions were necessary or duty bound and he was exercising reasonable care, then he was not liable. The jury found for plaintiff.
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