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Torts Keyed to Christie
Brown v. Kendall
Citation:
60 Mass. (6 Cush.) 292 (1850)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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Brown v. Kendall
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Facts
George K. Kendall (Defendant) was using a stick to separate two fighting dogs. His back was turned to George Brown (Plaintiff), who had come up behind him. The Defendant swung the stick back and inadvertently hit the Plaintiff in the eye, causing severe injury. The Plaintiff sued the Defendant for assault and battery. The Defendant requested that the trial judge instruct the jury that he could not be found liable if he was acting with due care or if the Plaintiff was acting negligently.
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