Talmage v. Smith
Michigan Supreme Court
59 N.W. 656 (1894)
Relevant factsFree
After ordering boys off his shed roofs, Smith (defendant) threw a stick at one of the boys, Byron Smith, but the stick missed and instead struck Talmage (plaintiff), permanently blinding him; the jury, crediting testimony that Smith intended to hit Byron, returned a verdict for Talmage.
IssueFree
Whether a person is liable to another individual for using unreasonable force and injuring that person even if he did not specifically intend to use such force against that person.