O'Brien v. Cunard S.S. Co.
Massachusetts Supreme Judicial Court
28 N.E. 266 (1891)
O'Brien (plaintiff), an emigrant passenger bound for Boston, joined roughly two hundred other women lining up on Cunard Steamship Company's (defendant's) ship to be examined and, if needed, vaccinated so they could avoid quarantine detention upon arrival; when the ship's surgeon examined her arm and told her she needed vaccination, O'Brien mentioned she had been vaccinated before without leaving a mark, and the surgeon said he should vaccinate her again, after which she held up her arm and was vaccinated without ever telling him she did not want the procedure. O'Brien later suffered complications and body-wide blistering at the vaccination site and sued Cunard for assault; the trial court directed a verdict for Cunard.
Whether a passenger who joins a group vaccination line, is told she will be vaccinated, and then holds out her arm without objecting can later hold the vaccinating party liable for assault based on lack of consent.