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Scott v. Shepherd

King’s Bench
96 Eng. Rep. 525 (K.B. 1773)


Facts

On October 28, 1770, Shepherd (defendant) threw a “lighted squib” (a parcel containing gun powder that was lit on fire) into a marketplace. The squib landed near a stand where Yates was selling gingerbread. Willis, afraid of the damage it would cause to Yates’ goods, picked up the squib and threw it across the room. It landed near a stand owned by Ryal who was also selling goods. Ryal picked up the squib and threw it again across the market. In so doing, the squib struck Scott (plaintiff) in the face and exploded. It put out one of Scott’s eyes. Scott brought suit against Shepherd for trespass and assault.

Rule of Law

Issue

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

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