Talmage v. Smith Case Brief Summary | Law Case Explained

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Talmage v. Smith | 59 N.W. 656 (1894)

There are times when someone is justified in using force against another person. Force may be justified for self-defense, in defense of another person, or to repel invaders or trespassers. But what are the limits on the use of force, and what are the consequences for exceeding those limits? Over a century ago, the Michigan Supreme Court considered these questions in the 1894 case of Talmage versus Smith.

Charles Smith discovered several boys on the roof of one of a number of sheds he kept on his premises. Smith ordered the boys to come down, and they did so. He then caught two more boys atop another shed, and again he ordered them down. It was disputed whether he also saw Charles Talmage, another boy, on the same shed. These boys also began to climb down immediately. Smith picked up a stick and threw it at the two boys he definitely saw. The stick missed them and struck Talmage just above his eye. As a result, Talmage was blinded in that eye.

Talmage sued Smith for damages. The trial judge instructed the jury that if it found that Smith intended to hit one of the boys, and Smith used unreasonable force, then Smith would be liable for Talmage’s injuries. The jury found for Talmage and awarded damages. Smith then appealed to the Supreme Court of Michigan.

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