Brown v. Kendall

Kendall (defendant) used a stick to separate his and Brown's (plaintiff's) fighting dogs; as the dogs moved, Brown unknowingly repositioned himself behind Kendall, and Kendall's backswing accidentally struck Brown in the eye, causing severe injury. Brown sued for assault and battery; the trial judge instructed the jury that Kendall was liable unless he'd exercised extraordinary care (if he had no duty to act) or acted properly (if he did have a duty). The jury found for Brown, and Kendall appealed.