Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (Wisc. 1891), was an American torts case that helped establish the scope of liability in a battery. The case involved an incident that occurred on February 20, 1889 in Waukesha, Wisconsin. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 11-year-old boy, George Putney, while the two were in their schoolhouse's classroom. Unbeknownst to Putney, Vosburg had previously injured his knee, and after the incident he developed a serious infection in the area that required physicians to drain pus and excise bone, and left him with a weakness in his leg for the rest of his life. The verdict of the lawsuit's first trial was set aside, and in the second trial the jury awarded Vosburg $2500 in compensatory damages. The case is widely regarded as one of the most extensively analyzed cases in American law history, particularly due to its pivotal decision in 1891. The trial's outcome established that Putney did not have any intention to harm Vosburg. Consequently, this case serves as a significant example in American law education, illustrating the importance of intent within tort cases. The Supreme Court of Wisconsin heard the case on three separate occasions, with its opinions, especially the second one, becoming prominent in legal education materials on Damages and Torts. These opinions have remained influential among law students, educators, and scholars, contributing to discussions about the judicial process, legal doctrines, and liability theories. Additional resources and briefs related to Vosburg v. Putney can be accessed through the provided external links.

Principals

Summary

Facts

Chronology

Issues

Holdings

Judgment was reversed, and the case was remanded for a new trial because of error in a ruling on an objection to certain testimony.

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Aftermath

Andrew Vosburg had problems with his leg which limited his activities and had to wear a brace for the rest of his life, but otherwise was able to lead a normal life. He was hired by the Milwaukee Electric Railroad and Light Company in 1900 and eventually rose to foreman. He married and had three children. He and his wife also made a living by buying, refurbishing, and selling homes. Vosburg died in 1938 at the age of 64. George Putney enrolled in the University of Wisconsin but left during his sophomore year and returned to Waukesha where he worked at his family's store. He later married and moved to Milwaukee where he became a salesman of clothing and cars. He died in 1940.

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