I start the class with a very classic case that's taught in most law; I start class with Vosburg versus Putney. It's a classic battery case, and it seems like a very, very easy case. But students do oftentimes struggle with it because it seems that a lot of what happened was unintentional.
And the basic facts of the case are: this happened in mid 19th century Wisconsin. This happened in a one room school in the middle of winter. Kids were playing at a recess and then recess was over. Teacher called the class to order, and then one kid tapped the other kid on a foot with his toe.
By all accounts it was a slight tap. It was not like a kick. He was not trying to beat him up. Maybe he was trying to get his attention, to pass him a note or anything, but something was wrong with the person who was hit.
He apparently had a prior injury, and so a few seconds later he just starts screaming in pain. He gets sent home, he has to have like two surgeries. Doctors think that he'll lose his leg. And fast forwarding several decades later, it turns out things were fine.
He actually lived a perfectly normal, healthy life. The only limitation was he wore a leather leg brace for the rest of his life, but got married, had kids, actually managed to leave a good amount of money to his family. But, at the time, a drastic thing came out from a light tap on a foot. And like I said, it's an easy case in a sense. Like there's not complicated statutory law. It's just one kid hitting another. And the question is, is this battery?
And the rule is very simple. Any unconsented to touch is battery. And this touch was unconsented precisely because the teacher has called the class to order and pupils were supposed to sit, you know, quietly listen to the teacher, and instead they weren't.
The reason students struggle with it is because the action causing the injury and the amount of injuries are so disproportionate, students often struggle like: well, when I, all I wanted to do is tap this person's foot to get his attention, boys do this in class all the time, boys will be boys thing, why should he pay these crazy amounts of money for this entirely unforeseen injury? And so we spend actually a whole day talking about this, whether this makes sense.