Scott v. Shepherd

96 Eng. Rep. 525 (1773)


Shepherd (D) threw a lighted squib from the street into a market-house, where many people were assembled. It was tossed about the house in an effort to remove until it finally exploded and took out one of Scott's (P) eyes. P sued D in trespass vi et armis. D pleaded that the action should have been dismissed; it should have been brought on the case, not trespass. The jury found for P and D appealed. P has a choice between suing trespass vi et armis (consequential or indirect harm) and trespass on the case (direct harm). D argued that he had not caused the injury as he had not actually thrown the squib in P’s face.