Law School Case Briefs

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Vosburg v. Putney

Wisconsin Supreme Court (1891) | 80 Wis. 523; 50 N.W. 403; 1891 Wisc. LEXIS 234; 14 L.R.A. 226

4 min read

TL;DR: A boy lightly kicks a classmate in a schoolroom, unexpectedly aggravating a prior injury and causing severe harm. The court held the kicker liable for battery, finding the act unlawful in context, and responsible for all resulting damages, regardless of their foreseeability.

Legal Significance: This case establishes the "eggshell skull" rule in torts: a wrongdoer is liable for all damages directly caused by their act, even if the extent of harm was unforeseeable. It also clarifies that for battery, intent to harm is not required if the contact itself is unlawful.