Alteiri v. Colasso
Supreme Court of Connecticut
362 A.2d 798 (Conn. 1975)
John Colasso (defendant) threw a rock that hit Richard Alteiri (plaintiff) in the eye, causing damage. Alteiri brought suit against Colasso for battery. The jury was asked a series of special interrogatories and returned the following findings: Colasso threw the rock with the intent of scaring someone other than Alteiri, and, in throwing the rock, Colasso did not intend to hit or harm anyone, including the person he was intending to scare. Based on these findings, the trial court entered a judgment for Alteiri. Colasso filed a motion to set aside the verdict and a motion for judgment notwithstanding the verdict, each of which the trial court denied. Colasso appealed, arguing that he could not be guilty of battery, because he did not intend to scare or harm Alteiri.
Rule of Law
Holding and Reasoning (Loiselle, J.)
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