Tort Law: Case briefs from week 1

Intent

Hulle v. Orynge

• Liability only requires damage, intent is not necessary to prove
• Burden of proof is on defendant

Weaver v. Ward

• Facts: Defendant accidentally shot plaintiff while in military contact.
• Rule: Burden of proof on defendant. Defendant is liable unless utterly not the fault of the defendant.

Brown v. Kendall

• Facts: Defendant hits plaintiff with a stick accidentally while separating a dog fight.
• History: Jury for plaintiff
• Result: Retrial
• Rule: Liability must be based on legal faulty.
• Issue: were the instructions to the jury appropriate?   
• Relevance: began the idea of “contributory negligence”

Cohen v. Petty

• Result: Affirmed
• History: Plaintiff appealed
• Facts: Defendant unexpectedly fainted and drove off the road, launching plaintiffs from the car
• Issue: Was the trial court justified in taking the case from the jury on the grounds that the negligence cannot be proven when unexpected happens.
• Holding: Yes
• Rule: Not chargeable with negligence, when driver becomes sick without anticipation

Spano v. Perini Corp

• Facts: Plaintiff’s property damaged by blasting of defendant, even though physical contact wasn’t made.
• History: Trial Court ruled for defendant. Plaintiff appealed.
• issue : Can tort be established without negligence or intent?
• Holding: Yes
• Rule: Absolute liability applies when plaintiff engages in abnormally dangerous behavior.