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Markley v. Whitman

95 Mich. 236, 54 N.W. 763 (1893)

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Markley v. Whitman

Michigan Supreme Court
95 Mich. 236, 54 N.W. 763 (1893)

Facts

A group of high school students played a game in which they formed a line behind a bystander and pushed one another. The person at the back of the line gave the first push, and the bystander was on the receiving end of the final push. The bystander was a high school student walking home. A fellow high school student and participant in the game, Whitman (defendant), pushed the bystander student, Markley (plaintiff), to the ground. Markley suffered serious injuries, including the loss of his voice, necessitating medical treatment. Markley brought suit against Whitman. The trial court found in favor of Markley and awarded him $2,000 in damages. Whitman appealed. The Michigan Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Long, J.)

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