Scott, An Infant, By His Next Friend v. Shepard, An Infant, By Guardian

86 Eng.Rep. 525 (1773)

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Nature of the Case

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Facts

Shepherd (D) threw a lighted squib (firecracker) into a market. The squib landed at Yates' feet. Trying to protect himself, Yates threw it, and it landed at Ryal's feet. Ryal then threw it. The squib landed at Scott's (P) feet. The squib exploded, causing P to lose an eye. P sued D for trespass, arguing that once D set the squib in motion, he was liable for any injuries resulting as a consequence of his act. The trial court ruled for P based on this court's approval.