VOSBURG V. PUTNEY, Supreme Ct. of Wisconsin, 1891, 80 Wisc. 523, 50 N.W. 403 by JohnMValentine

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VOSBURG V. PUTNEY, Supreme Ct. of Wisconsin, 1891, 80 Wisc. 523, 50 N.W. 403 History: Defendant appeals from the Circuit Ct. for Waukesha County; former trial resulted in a verdict and judgment for the plaintiff for $2,800.00; Defendant appealed and the it was reversed in error and a new trial awarded; case was retried in the circuit court and resulted in a verdict for Plaintiff for $2,500.00; Defendant moved for judgment on the verdict in his favor and a new trial; Plaintiff moved for judgment on the verdict in his favor; Defendant’s motions overruled and Plaintiff’s entered Facts: On February 20, 1889, plaintiff (14 years) and defendant (11 years) sat across an aisle from each other in the Waukesha high school; defendant reached across the aisle w/his foot and hit the right shin of Plaintiff w/his foot; Plaintiff did not feel it; Plaintiff felt violent pain and was sick the next day; Leg was black and blue, had to be drained, scrape off bone, etc.; Plaintiff would never recover use of leg Issue(s): Did Defendant intend to do harm to Plaintiff? Holding: J. Lyon; nonsuit was properly denied Analysis: Defendant knowingly and consciously kicked the plaintiff and inured him


								
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