Title | Ranson Case Brief |
---|---|
Course | Tort Law |
Institution | Touro College |
Pages | 1 |
File Size | 43.1 KB |
File Type | |
Total Downloads | 92 |
Total Views | 146 |
2020 Torts Law I Case Brief - Ranson -Intent Tort Law...
Ranson v. Kitner Appellate Court of Illinois, 1889 31 Ill.App. 241
Parties:
Ranson, Plaintiff, Appellant Kitner, defendant, appellee
Facts: Ranson sued Kitner because he killed his dog while hunting, mistaking it for a wolf. He is seeking to recover for the value of the dog. Procedural History: The court ruled in favor of the plaintiff for $50. Basis for the Dispute: Issue: Under Illinois common law is the defendant liable for damages incurred while making a “mistake” that was unintentional. Parties Arguments: Plaintiff: Defendant:
Holding: The defendant is found liable for the damages cause by his mistake for the amount the plaintiff is seeking to recover. The trial court decision was affirmed. Court’s reasoning: By using the word, “mistake” the court is stating that there was intent to harm A animal. This was not an accident because an accident deals with lack of intent. Here there was intent to kill a wolf that the defendant misidentified....