Drabek v Sabley - (i whether the Doc’s actions were...

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CASE: Drabek v. Sabley Court: Supreme Court of Wisconsin 142 N.W.2d 798 (Wis. 1966) P152 torts FAIRCHILD Facts a. Plaintiff/Drabek Defendant/Sabley b. Thomas Drabek, a ten yr-old boy, was throwing snowballs at passing cars. Defendant’s car was hit in passing. Defendant turned around and grabbed plaintiff, put him in his car, and drove him into town and turned him over to the police. c. (1) C/A: false imprisonment and assault and battery (2) relief requested: (3) defenses raised: defending self and others. Procedural History: a. Lower court’s ruling(s): jury found no false imprisonment and no assault and battery. Court dismissed complaint. b. Damages awarded: N/A c. Appellant: Plaintiff Issues: a. substantive issue
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Unformatted text preview: (i) whether the Doc’s actions were justifiable by using self-defense? (ii) b. procedural issue: appellate challenging lower court’s ruling. Disposition (judgment): Reversed, cause remanded for further proceedings. Holding: Dr.’s conduct was unreasonable after he put Tom in the car. Rule of Law or Legal Principle Applied: Reasoning: Tom admitted that once Doc. got out of car and scolded him that he lost the will to continue the act. Therefore, everything the Doc did after that was unreasonable. It was unreasonable to take the boy out of his front yard and into town to find police. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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