QUIZ QUESTIONS LAW OF TORTS PART I TRESPASS (The numbers refer to the numbered sections in the text.) 1. What is the meaning of trespass? In actions of trespass, does the intention of the trespasser affect his liability? 2. What are the several forms of trespass to the person, and what is the meaning of each? 3. (a) A knocked the hat off B's head. Was this a battery? (b) A was in B's store. B touched her on the shoulder and asked her to go into another room, which she did. There he accused her of having stolen a small article from the counter. The charge was false. Was this a battery? (c) A, for the purpose of enabling C to pick B's pocket, touches B and draws his attention away. Is this a battery? 4. After being removed by the brakeman from a coach to a smoking car, an intoxicated passenger addressed insulting words to the brakeman and said to him, "I'll see you later." Thereupon the brakeman struck the passenger, breaking his jaw. Did the passenger's language relieve the brakeman of liability for a battery? 5. (a) A and B are pitching a baseball from one to the other in a public street. The ball, thrown by A, hits a passer-by and severely injures him. Is A liable for a battery? (b) A drives a wagon carelessly along the road, and takes it on the side path. B being on the side path and seeing the wagon coming close behind her, urged by sudden terror, springs aside and is injured by striking against the wall of a building. Is A liable for a battery? (c) A whips the horse on which B is riding so that the horse runs away and runs over C. Can C recover of either A or B? 6. (a) A throws a stone at B, but hits C. May B recover for an assault? (b) A throws stones down a crowded street at his dog, and puts the plaintiff, a woman, in great terror. Is A liable for an assault? 7. (a) The plaintiff went to attend a dinner of a certain society. A policeman, by the defendant's order, stood in the doorway. The policeman obstructed the entrance so that the plaintiff was unable to pass by him. Is the defendant liable for an assault? (b) A presents an unloaded pistol at B, saying, "I don't intend to shoot you." Is this an assault? (c) A, at fifty yards distance, threatens to knock down B with a stick which he has in his hand. Is this an assault? 8. Is the maxim, De minimis non curat lex (The law pays no attention to trifling claims), applicable to trespass to the person? Give a well-considered answer. 9. (a) A, a constable, without legal authority, approaches B and says, "I have a writ against you, you are my prisoner." B turns and goes along with A. Has B an action for false imprisonment? (b) The plaintiff was assessed for taxes, which she thought illegal. The collector, being in a room. with her, demanded payment, which she declined making until arrested. He then told her that he arrested her, but did not lay his hand upon her. She then paid the tax. May she recover for false imprisonment? 10. A constable, without actual legal authority, but with a show of authority, accompanies B and follows him wherever he goes. He does not, however, interfere with B's freedom of movement. Has B an action for false imprisonment? 11. (a) A is injured in a railway collision caused by the negligence of the railway company. May the damages, which it is admitted he may recover for his physical injuries, be enhanced by damages for his mental anguish? (b) A parent is allowed to recover for loss of services caused by injury to a child through a battery. May the parent recover also damages for the mental anguish occasioned by seeing the child undergo great physical suffering? 12. What are the different views taken by the courts of different jurisdictions on the subject of allowing damages for physical injury induced by fright? What are the principles on which they base their several lines of decision? 13. The defendant committed a forcible trespass on the prem ises of the plaintiff and her husband, and applied vituperative and insulting language to them, and pointed a pistol at the plaintiff. As a consequence, the plaintiff was greatly agitated and frightened, and afterwards became seriously ill. May she recover for the illness induced by the fright? 14. The plaintiff was in her yard hanging out clothes. The defendant was blasting in a neighboring quarry. After two or three explosions producing the average noise, there came a terrific one which frightened the plaintiff so that she fainted and afterwards was seriously ill. A few small pieces of rock struck and slightly cut her hands. Has she an action for the illness induced by the fright? 15. The plaintiff was assisting her husband in a public house, standing behind the bar. The defendant negligently drove a van into the room. The plaintiff, who was pregnant, sustained a severe fright and shock, and suffered in consequence a miscarriage. Give the argument for and against allowing a recovery of damages. 16. The United States brought an action for a trespass on government lands. The defendant was a homestead claimant and, after the bringing of the action, secured a receiver's receipt for the land. The complaint shows that the defendant cut and chipped trees to obtain turpentine which he sold. Is defendant liable for trespass? 17. The plaintiff owned a narrow duck-pass between two navigable lakes. The defendant shot, from a blind in one of the lakes, ducks flying across the pass, so that some shot passed over, and some fell on, the plaintiff's property. Is the defendant liable in an action of trespass? 18. A sheriff went into a shop kept by B and said he had instructions to attach a certain carpet in an adjoining room, for a debt owing by B. B told the sheriff that the carpet belonged to C. The sheriff nevertheless made a return that he had attached "one carpet, the property of B, valued at $10." May C maintain an action of trespass against the sheriff? 19. A, a near relative, went into the room of a dying man, B's testator, and removed some jewelry from an unlocked drawer, for fear it might be stolen, and put it in another room in an unlocked cupboard. Later, some of the jewelry had disappeared. Is A liable to B for nominal damages for a trespass? 20-22. (a) The plaintiff and the defendant went out hunting together. As the defendant was walking behind the plaintiff, the former's gun went off accidentally and shot the plaintiff. Is the defendant liable? (b) The defendant and others were shooting pheasants. The plaintiff was employed by one of the party to carry cartridges. The defendant shot at a bird; but the shot struck a tree, and glancing off hit the plaintiff. Is the defendant excused on the ground of accident? 23. (a) The defendant was out hunting wolves, and shot by mistake the plaintiff's dog, which looked liked a wolf. Is he excused? (b) A surgeon amputated the plaintiff's leg. But, instead of amputating the left leg, as agreed, he cut off by mistake the right leg. Is he liable therefor? 24. What is the meaning of the maxim, Volenti non fit injuria ? 25-26. (a) The family doctor came to attend the plaintiff in childbirth. He brought with him another man, unmarried, and not a physician. The plaintiff, believing him to be an assisting physician, made no objection to his presence. Afterwards, on learning the truth, she brought an action. Is the intrusion excused on the ground of consent? (b) The plaintiff voluntarily had intercourse with the defendant and was infected with a venereal disease, which the defendant then had unknown to the plaintiff. Is the defendant liable? 27. (a) The plaintiff and defendant were members of a charivari party serenading a bridal couple with various instruments of noise, including firearms. The plaintiff was injured by wadding from the defendant's gun. May he recover damages? (b) A and B were playing baseball. B in throwing the ball to second base struck A, who was then running to make that base, and fractured his skull. May A recover damages of B? 28-29. (a) The defendant was riding on horseback, when the |