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Torts Keyed to Epstein
Vosburg v. Putney
Citation:50 N.W. 403 (Wisc. 1891)
ProfessorMelissa A. Hale
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Putney (defendant) and Vosney (plaintiff) were sitting across an aisle from each other in a high school classroom. Putney lightly kicked Vosney in the shin, and Vosney did not feel pain at first. After a few minutes, he felt extreme pain in the spot that was kicked. The next day, he was sick and had to be helped to school. By the fourth day, Vosney was vomiting, and the doctor sent some medicine. When the doctor came to visit, he saw that the knee was slightly bruised. The swelling increased over the next few days, and the doctor had to operate. He discovered that Vosney’s bone was deteriorating and determined that Vosney would never use his leg again. Another medical expert gave the theory that Vosney’s leg was already infected from a previous injury and that the light kick was the remote cause of revivifying the bacteria that caused bone destruction.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.