Logourl black

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

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

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Gould, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Blackstone, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 81,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 11,364 briefs - keyed to 151 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now