Talmage v. Smith
101 Mich. 370 · Michigan Supreme Court · 1894
Facts
On the evening of September 17, 1891, the defendant observed several boys on the roof of a shed on his premises. After ordering some boys down, he saw two more boys on another shed roof. The defendant then took a stick, about 16 inches long, and threw it in the direction of these boys, intending to hit one of them, Byron Smith, or the other boy. The stick missed its intended target but struck the plaintiff, George Talmage, just above the eye, causing the total loss of sight in that eye. The defendant claimed he did not intend to hit anyone and was unaware of the plaintiff's presence.
Issue
Is a defendant liable for an injury to an unintended third party when the defendant commits an intentional and unlawful act, such as using unreasonable force, against another person?
Holding
Yes, the defendant is liable for the injury to the plaintiff, even though the plaintiff was not the intended target of the defendant's unlawful act. The judgment for the plaintiff was affirmed.
Rule
When a defendant commits an intentional and unlawful act, intending to inflict an unwarranted injury upon one person, and that act results in injury to another person, the defendant is responsible for the injury to the actual victim. The intent to injure one individual transfers to the person who is ultimately harmed. This rule applies when the act is willful and involves unreasonable or excessive force, distinguishing it from cases of mere negligence.
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