Brown v. Kendall
Supreme Court of Massachusetts
60 Mass. 292 (1850)
Two dogs, owned by Brown (plaintiff) and Kendall (defendant), were fighting in front of their masters. Kendall took a large stick and began beating the dogs for the purpose of separating them. Brown was standing behind Kendall watching. Kendall took a step back and raised the stick over his head with the intent to strike the dogs. In doing so, Kendall struck Brown in the eye and caused him severe injury. Brown sued Kendall in an action of trespass for an assault and battery.
Rule of Law
Holding and Reasoning (Shaw, C.J.)
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