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Torts Keyed to Epstein
Scott v. Shepherd
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant threw a lighted squib, made of gunpowder, from the street into the marketplace where large groups of people were assembled. The lighted squib landed near Yates. To prevent injury to himself and Yates, Willis threw the quid across the marketplace. The squib landed next to Ryal. To save his own goods from being injured, Ryal picked up the squib and threw it to another part of the marketplace. The squib then struck Plaintiff in the face. The combustible matter of the lighted squib injured Plaintiff’s eyes. Plaintiff lost the use of his eye. Plaintiff sued Defendant for trespass and assault for throwing, casting, and tossing the lighted squib. The jury returned a verdict in favor of Plaintiff. Defendant appealed.
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Topic Resources
13m 43s