Torts Keyed to Prosser
Talmage v. Smith
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Defendant threw a stick toward one member of a group of several boys to get them to leave his property. The stick missed the first boy and struck Plaintiff in the eye. Plaintiff sued and recovered on a jury verdict. The jury was instructed that Defendant could be liable if he threw the stick with the intent to hit the first boy or Plaintiff and did so with force that was unreasonable under the circumstances
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