''Scott v. Shepherd'' 96 Eng. Rep. 525 (K.B. 1773), commonly known as the "flying squib case", is an important

English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than English criminal law, crimi ...

case on remoteness and the principle of ''

novus actus interveniens Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be n ...

'' as it related to the division in law between

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...

and "

action on the case The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable. The writ is also known ...

Facts

Shepherd tossed an explosive squib into a crowded market in the

Market House A market house or market hall is a covered space historically used as a marketplace to exchange goods and services such as provisions or livestock, sometimes combined with spaces for public or civic functions on the upper floors and often with a ...

in the town of Milborne Port in

Somerset Somerset ( , ), Archaism, archaically Somersetshire ( , , ) is a Ceremonial counties of England, ceremonial county in South West England. It is bordered by the Bristol Channel, Gloucestershire, and Bristol to the north, Wiltshire to the east ...

, where it landed on the table of a gingerbread merchant named Yates. Willis, a bystander, grabbed the squib and threw it across the market to protect himself and Yates. Unfortunately, the squib landed in the goods of another merchant named Ryal. Ryal immediately grabbed the squib and tossed it away, accidentally hitting Scott in the face just as the squib exploded. The explosion put out one of Scott's eyes.

Judgment

The majority held Shepherd was fully liable, because, said De Gray CJ, "I do not consider he intermediariesas free agents in the present case, but acting under a compulsive necessity for their own safety and self-preservation." Nares J wrote the following. De Grey CJ's judgment was as follows.

Dissent

Blackstone J argued, reflecting the arcane distinctions between trespass on the case and vi et armis, that there was no liability for indirect consequences.

References

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Facts

Judgment

Dissent

References

See also