Torts I, Pages 29–30

Talmage v. Smith

Supreme Court of Michigan, 1894

Facts:

Defendant saw 6 or 8 boys on his shed. He told them to get down and they all did. He then went to another shed and saw two more boys. He told them the same. While they were trying to climb down, defendant threw a stick at them to scare them, but he missed and hit plaintiff, a third boy on the other side of the roof defendant didn't see. The stick hit plaintiff just above his eye and completely blinded him in that eye.

Issue:

Does intent for one tort transfer to another tort against another?

Reasoning:

He threw the stick knowing with substantially certainty it might have hit one or made one apprehensive that it would.

Rule/Holding:

Intent transfers between people and between the five trespass torts.

Judgment:

Affirmed with costs.

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