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Common Cause of Mississippi V Smith, 548 so 2d 412Casetext  Form

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welcome to the case summary for Tallmadge vs. Smith on for law notes calm this is a historic tort case from 1894 where a group of boys were climbing on the roof of the defendants sheds and the defendant spotted them and went over to them and told them to get down two of the boys were in his view but the third boy may not have been and as the boys were getting down the defendant threw a large stick at one of the boys and he missed him but he hit the third boy and caused him to lose his sight in one of his eyes so the boy sued for injury and the lower court found in his favor even though the stick was not intended for him so the issue is whether it's unlawful and warrants recovery to the injured party if someone with intent hits someone and inflicts an unwarranted injury even if the injury that resulted was an injury to another person other than the person who was intended so the Michigan State Supreme Court affirmed the lower court holding in this case and articulated the doctri

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