Stanley v. Powell
England and Wales High Court of Justice
1 QB 86 (1891)
- Written by Angela Patrick, JD
Facts
A member of a hunting party (the victim) (plaintiff) was injured when the shooter (defendant) fired a bullet that 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 and found that the victim was injured by a shot fired from the shooter’s gun, the shooter was not acting negligently when he fired the gun, and the victim suffered £100 in damages. The parties agreed to let the judge apply these findings to decide the matter. The victim argued that the shooter should be liable in trespass because the victim was injured by a shot intentionally fired by the shooter. The shooter argued that he could not be liable in tort to the victim because the shooter had not taken any negligent actions.
Rule of Law
Issue
Holding and Reasoning (Denman, J.)
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