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

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


Facts

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

Issue

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

Concurrence (Gould, J.)

Dissent (Blackstone, J.)

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