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Talmage v. Smith

Michigan Supreme Court
59 N.W. 656 (1894)


Smith (defendant) came up to some sheds that he owned when he saw six to eight boys on the roof of one of his sheds. Smith ordered the boys to get down and they immediately got down. Smith then walked around to another shed he owned where he saw two more boys on the roof. Again he ordered the boys off the roof. As the two boys started get down, Smith took a stick and threw it in the direction of one of the boys that he could see. The stick missed the boy and hit Talmage (plaintiff) above the eye. Talmage lost his sight completely as a result of the blow above his eye. Talmage sued Smith for damages. Talmage’s father testified at trial that Smith said he threw the stick intending to hit Byron Smith, one of the other boys on the roof. The jury returned a verdict in favor of Talmage. Smith appealed the jury verdict to the Supreme Court of Michigan.

Rule of Law

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Holding and Reasoning (Montgomery, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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