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Peterson v. Haffner
Indiana Supreme Court
53 Am. Rpts. 81 (1877)
While playing near a pile of sand and a box of mortar, 13-year-old William Peterson (defendant) threw a piece of mortar at six-year-old Willie Haffner but hit and injured Willie’s younger brother, five-year-old Freddie Haffner (plaintiff). William testified that at the time of the injury, with mortar in his hand, he had warned Willie that he was going to hit Willie with the mortar and that Willie should run. William further testified that as Willie and Freddie were running, William threw the mortar and it hit Willie and bounced off and hit and injured Freddie. William insisted that the boys were merely engaged in friendly play and that he had no intention of hurting Willie or Freddie. As a result of the injury, Freddie lost an eye and sued William for assault and battery. The jury returned a verdict for Freddie and awarded him $1,000 in damages. William appealed after his motion for a new trial was denied.
Rule of Law
Holding and Reasoning (Perkins, J.)
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