Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Vosburg v. Putney

Wisconsin Supreme Court
50 N.W. 403 (1891)



Vosburg (plaintiff) and Putney (defendant) were both students in the same school in 1889. One day, while both were sitting across the aisle from each other at school, Putney reached his leg over and lightly kicked Vosburg in the shin. Vosburg did not feel this kick. However, several moments later, Vosburg experienced extreme pain in the area of the kick which gradually worsened and made him extremely ill over the next few days. Prior to the kick, Vosburg had suffered an additional injury to the same leg above his knee, but this wound was healing. A doctor examined and performed an operation on Vosburg’s shin. His leg was found to be in a diseased state. The doctor believed bacteria entered Vosburg’s leg from his previous injury above his knee and spread to his shin. Putney’s kick activated the bacteria and caused it to eat away at Vosburg’s flesh and bone. Vosburg completely lost use of his leg and brought suit for assault and battery against Putney. The trial court awarded Vosburg $2,800.00, and Putney appealed. The appellate court granted a new trial, and the jury found that Putney intended to do no harm to Vosburg by kicking him. The trial court reduced the damages to $2,500.00, and Putney appealed.

Rule of Law


Holding and Reasoning (Lyon, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Why were children with a three-year age gap in the same class?

The only schoolrooms I can think of with such a spread-out age gap would be activities like homeroom, lunch, and added extracurricular courses. All of these options would have less order or less restrictive rules than a classroom, calling the reasoning behind the "forbidden nature" of the kick into question.

Want to see this answer?

Sign up for a free 7-day trial and get access to all answers in our Q&A database

Sign up for a FREE 7-day trial

Tempor minim nulla id mollit ullamco consequat aliquip adipisicing irure officia tempor. Magna sit eiusmod laborum proident laboris ex sunt. Non labore ex officia irure qui et laboris aliqua in minim. Labore velit aliqua proident officia cillum occaecat dolore tempor. Ullamco in consequat labore amet laborum proident reprehenderit anim cillum excepteur. Elit do nostrud nisi excepteur sit dolor pariatur fugiat. Nisi incididunt incididunt do est velit excepteur enim excepteur incididunt mollit pariatur. Irure tempor non in esse do. Laboris eiusmod in ad ut enim est duis ad sint veniam eiusmod. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt.