 | This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these messages)
|
| Vosburg v. Putney | |
|---|---|
 | |
| Court | Supreme Court of Wisconsin |
| Full case name | VOSBURG, by guardian ad litem, Respondent, vs. PUTNEY, by guardian ad litem, Appellant |
| Decided | November 17, 1891 |
| Citation | 80 Wis. 523; 50 N.W. 403 Wisc. (Wisc. 1891) Second Appeal |
| Case history | |
| Prior action | 78 Wis. 84; 47 N.W. 99 (Wisc. 1890) First Appeal |
| Court membership | |
| Judge sitting | Lyon (2nd Appeal) Orton (1st Appeal) |
| Case opinions | |
| |
| Decision by | Lyon |
Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc. 1891), was an American torts case that helped establish the scope of liability in a battery. The case involved an incident that occurred on February 20, 1889 in Waukesha, Wisconsin. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 11-year-old boy, George Putney, while the two were in their schoolhouse's classroom. Unbeknownst to Putney, Vosburg had previously injured his knee, and after the incident he developed a serious infection in the area that required physicians to drain pus and excise bone, and left him with a weakness in his leg for the rest of his life. The verdict of the lawsuit's first trial was set aside, and in the second trial the jury awarded Vosburg $2500 in compensatory damages.
The case is widely regarded as one of the most extensively analyzed cases in American law history, particularly due to its pivotal decision in 1891. The trial's outcome established that Putney did not have any intention to harm Vosburg. Consequently, this case serves as a significant example in American law education, illustrating the importance of intent within tort cases. The Supreme Court of Wisconsin heard the case on three separate occasions, with its opinions, especially the second one, becoming prominent in legal education materials on Damages and Torts. These opinions have remained influential among law students, educators, and scholars, contributing to discussions about the judicial process, legal doctrines, and liability theories. Additional resources and briefs related to Vosburg v. Putney can be accessed through the provided external links.[1] [2]
- ^ Epstein & Sharkey (2016), p. 6.
- ^ McKinney, W.M., Michie, T.J. (1992), "The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases", Wis. L. Rev., LexisNexis
{{citation}}: CS1 maint: multiple names: authors list (link)