Vosburg V. Putney - Thought Questions

Thought Questions

  • Should George be held accountable for the unexpected damage that resulted from a seemingly innocuous kick in the shin?
  • To state a cause of action for an intentional tort, does the tortfeasor need to intend to inflict the damage, or is the intention to do the "wrongful act" sufficient to establish liability?
  • Was the kick "wrongful" because it happened after school "had been called to order by the teacher"?
  • Did the doctor who gave Andrew "anodynes to quiet the pain" commit malpractice that exacerbated his injuries?
  • What about the fact that Andrew had suffered an injury "just above the knee" in a coasting accident a month-and-a-half before the incident in the schoolhouse?
  • Does it make a difference that Andrew and George were classmates-accustomed to getting one another's attention by kicking-rather than strangers on the street?

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