Talmage v. Smith p. 28, 101 Mich. 370, 1894 Facts: D saw some children on the roof of his shed. He ordered them to get down. He threw a stick in the direction of a couple of boys and the claims he did not see the P, facts show that he did not see P. The stick went by the child he threw it at and struck P in the eye. P lost his eyesight. P is suing for assault and battery. Is an individual who intends an act or consequence against one party and instead injures a third party liable to that third party for the injuries suffered? An individual who intends an act or consequence against one party and instead injures a third party is liable to the third party for the injuries suffered.
Issue:
Rule:
8/25/03 Battery 1) An act; 2) With an intent to cause a contact with a person (which ends up causing) which is harmful or offensive, or with the intent to cause the imminent apprehension of such contact; 3) Causing; 4) A harmful or offensive contact with the person INTENT – Desire or substantial certainty ACT – An assertion of will manifest in the external world. We will only consider an act offensive if a reasonable person would be offended. But if someone has an unusual sensitivity and the D knows of this sensitivity then we will consider the act offensive. For Causing contact – it can not be so indirectly a cause, for example if a lot of things happened in between.