Obrien v cunard case brief PDF

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2020 Torts Law I Case Brief - Obrien v Cunard...

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Consent O’Brien v. Cunard S.S. Co. Supreme Judicial Court of Massachusetts, 1891 154 Mass. 272, 28 N.E. 266. FACTS Parties: Plaintiff: O’Brien, appellant Defendant: Cunard, appellee Procedural History: trial court voted in favor of Cunard, O’Brien appealed Relevant Facts: o o o o o o o

Plaintiff on a ship on its way from Queenstown to Boston Boston at the time had strict regulations regarding the examination of emigrants testing whether they were vaccinated from small-pox Only persons who had a certificate of vaccination could be permitted to land without being quarantined or vaccinated by a port physician The plaintiff was on board in a line of about 200 women and saw the procedure before her She then showed him her underarm which had no mark of vaccination but she insisted she had been He stated he should vaccinate her again , she did so “willingly” according to testimony and took her ticket She then sued for assault and negligence due to the vaccination

ISSUE: Whether the surgeon vaccinated the plaintiff without her consent? PARTIES’ ARGUMENTS: Plaintiff: she never showed sign of no consent Defendant: she never protested against the vaccination given to her HOLDING: no, decision of the trial court affirmed DISPOSITION OF THE COURT: o o

Nothing in the conduct of the plaintiff to indicate that she did not want the vaccination No proof that the surgeon’s actions were unlawful

RULE OF LAW: o

Unless there is evidence that consent was not given a person cannot be held liable for negligence or assault...