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Vosburg v. Putney

47 N.W. 99, 78 Wis. 84 (1890)

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Vosburg v. Putney

Wisconsin Supreme Court
47 N.W. 99, 78 Wis. 84 (1890)

KS

Facts

One day at school, 11-year-old Putney (defendant) used his toe to kick 14-year-old Vosburg (plaintiff) on the shin bone of Vosburg’s right leg. Putney’s contact with Vosburg’s leg was slight, and Vosburg did not feel the contact at that moment. However, a few moments later, Vosburg felt tremendous pain in the area. Vosburg became sick, experiencing vomiting, discoloration, and swelling. Vosburg’s condition grew progressively worse each day until surgeries were needed to cut away diseased flesh and bone to the extent that Vosburg never regained the use of his leg. Vosburg sued Putney. The month before Putney kicked Vosburg, Vosburg had injured his right leg above the knee. That injury was healing prior to the new injury. At trial, a medical witness theorized that Vosburg’s leg was already diseased when Putney kicked him, and that the bacteria that had entered Vosburg’s leg through his prior injury above his right knee were revived by Putney’s kick, which ultimately caused Vosburg’s bone to be destroyed. A circuit court ruled in Vosburg’s favor, awarding him $2,800 in damages. Putney appealed the judgment. There were errors committed at Putney’s trial related to the admissibility of certain testimony.

Rule of Law

Issue

Holding and Reasoning (Orton, J.)

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