For Your Data O’Brien V. Cunard S.S. Co. Example Brief

O’Brien v. Cunard S.S. Co. case brief summary
28 N.E. 266 (1891)

CASE SYNOPSIS

Plaintiff appealed an social club of the Superior Court (Massachusetts), which ordered a verdict for accused inwards plaintiff's activeness inwards tort, for an assault, as well as for negligently vaccinating plaintiff.

CASE FACTS
Plaintiff bought an activeness inwards tort for onslaught as well as for her negligent vaccination, spell a rider on defendant's steamship, past times a surgeon. The lower courtroom ordered a verdict for defendant, as well as plaintiff appealed. The Court affirmed.

DISCUSSION

The Court held testify established that plaintiff did non object to the vaccination inwards whatsoever fashion.
Further, at that spot was naught inwards her comport to signal to surgeon that she did non wishing to obtain the vaccination carte du jour that saved her from detention at quarantine.
The Court viewed surgeon's comport equally lawful.
With regard to negligence, courtroom held at that spot was no testify that surgeon was negligent inwards performing the vaccination.
However, fifty-fifty if he were, courtroom ruled it would last unreasonable to concord accused responsible for all the particulars of the surgeon's treatment, when he was engaged inwards the work concern of other persons inwards regard to which accused was powerless to interfere.
Thus, the ruling of lower courtroom was correct.

CONCLUSION
The courtroom affirmed verdict for defendant, belongings that at that spot was no testify that defendant, past times whatsoever of its servants or agents, committed an onslaught on plaintiff since plaintiff failed to object to beingness vaccinated as well as at that spot was no testify defendant's surgeon was guilty of negligence toward plaintiff.

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