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Stanley v. Powell

1 QB 86 (1891)

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Stanley v. Powell

Queen’s Bench

1 QB 86 (1891)

Facts

A member of a hunting party (victim) (plaintiff) was injured when the shooter’s (defendant) bullet ricocheted off a tree and struck the victim in the eye. The victim sued for negligence. After conflicting evidence from both sides was presented, the jury answered special questions from the judge indicating that the jury believed that the victim was injured from a shot fired from the shooter’s gun, that the shooter was not acting negligently when he fired the gun, and that the victim suffered £100 in damages. Thereafter, the parties agreed to let the judge decide the case. The victim argued that the shooter should be liable because the victim was injured from a shot fired by the shooter and that the only excuse for the shooter’s liability would be if the jury also found that the injury-inducing act was inevitable. The shooter argued that, because the injury was not caused by his negligence or an intentional act, he was not liable in tort to the victim.

Rule of Law

Issue

Holding and Reasoning (Denman, J.)

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