Legal Skills Saturday #3 Flashcards
O’Brien v. Cunard S.S. Co.
154 Mass. 272, 28 N.E. 266 (1891)
Rule
If the surgeon of a foreign steamship bringing immigrants to this country where the quarantine regulations require vaccination, vaccinates one of them whose behavior indicates consent, whatever her unexpressed feelings may be, he is justified in his act, and the ship-owner is not liable for an assault.
Hackbart v. Cincinnati Bengals, Inc.
US Court of Appeals, 10th Circuit, 1979
Rule
With violent nature, similar to a game of professional football, it is possible for a person to go beyond its customs and be liable for injuries for damages.
Mohr v. Williams
Supreme Court of Minnesota, 1905
Rule
If an operation is performed without Plaintiff’s consent, and the circumstances were not such as to justify its performance without consent, then the operation is wrongful and thus unlawful.
De May v. Roberts
Supreme Court of Michigan, 1881
Rule
An individual has a legal right to privacy, which includes the right to be free from intrusion in one’s own home.
Katko v. Briney
Supreme Court of Iowa, 1971
Rule
A property owner may not protect his property from trespassers by use of force and cause serious injury or death.
Bonkowski v. Arlan’s Department Store
Court of Appeal of Michigan, 1968
Rule
Section 120A the institute recognizes a privilege in favor of a merchant to detain for reasonable investigation a person whom he reasonably believes to have taken a chattel unlawfully.
Surocco v. Geary
Supreme Court of California, 1853
Rule
A person who destroys property in good faith, and under apparent necessity, in an emergency in order to save other buildings cannot be held personally liable by the owner of the destroyed property.
