Quimbee logo with url
From our private database of 14,500+ case briefs...

Scott, An Infant, By His Next Friend v. Shepherd, An Infant, By Guardian

Court of Common Pleas
96 Eng. Rep. 525 (1773)


Shepherd (defendant) threw a lighted squib into a crowded marketplace. It landed near Yates, who picked up the squib and threw it across the marketplace. The squib then landed near Ryal, who threw again threw the squib to another part of the marketplace. The squib hit Scott (plaintiff) in the face, exploded, and put out one of his eyes. Yates and Ryal had only thrown the squib to save themselves and those around them from being injured by the eventual explosion. Scott brought an action for trespass against Shepherd. The jury found in favor of Scott.

Rule of Law


Holding and Reasoning (De Grey, C.J.)

Concurrence (Gould, J.)

Dissent (Blackstone, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 265,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,500 briefs, keyed to 196 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.