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Torts Keyed to Miller
O’Brien v. Cunard S.S. Co.
Citation:154 Mass. 272, 28 N.E. 266 (1891)
O’Brien (Plaintiff) sued Cunard (Defendant) for assault after a surgeon onboard one of its ships provided her with a smallpox vaccine while she was on her passage from Queenstown to Boston. Boston regulations required immigrants to have smallpox vaccines prior to entering the city. O’Brien had lined up with other passengers and told the surgeon that she received vaccinations before. O’Brien did not tell the surgeon that she did not want to be vaccinated nor displayed any conduct to indicate that she did not wish to obtain the vaccination. She subsequently experienced side effects from the vaccine.
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