for mere assaults. However, this action was for assault and battery. If the kicking of the plaintiff by the defendant was an unlawful act, the intention to commit it must necessarily be unlawful. Reasoning that, "The error in permitting the witness to answer the question is material, and necessarily fatal to the judgment." Reasoning that, Previously (1st appeal), it was the opinion that the complaint stated a cause of action ex contractu [out of contract] and not ex delicto [out of tort]. Governed by a different rule of damages, the previous case rules on the question of damages. Aftermath Andrew Vosburg had problems with his leg which limited his activities and had to wear a brace for the rest of his life, but otherwise was able to lead a normal life. He was hired by the Milwaukee Electric Railroad and Light Company in 1900 and eventually rose to foreman. He married and had three children. He and his wife also made a living by buying, refurbishing, and selling homes. Vosburg died in 1938 at the age of 64. George Putney enrolled in the University of Wisconsin but left during his sophomore year and returned to Waukesha where he worked at his family's store. He later married and moved to Milwaukee where he became a salesman of clothing and cars. He died in 1940. Sources Allison H. Eid, Epsteinian Torts: Richard A. Epstein, Cases and Materials on Torts, 25 SEATTLE U. L. REV. 89 (2001). Dobbs, Dan B., Paul T. Hayden, and Ellen M. Bublick. Torts and compensation: Personal accountability and social responsibility for injury. St. Paul, MN: Thomson/West, 2009 Farnsworth, Ward, and Mark F. Grady. Torts: Cases and questions. Austin: Wolters Kluwer Law & Business, 2009. Friedman, David D. Law's order: What economics has to do with law and why it matters. Princeton, NJ: Princeton UP, 2000. References External links Case Brief for Vosburg v. Putney 86 Wis. 278, 56 N.W. 480, 1893 Wisc. at CaseBriefs.com Case Brief for Vosburg v. Putney 80 Wis. 523, 50 N.W. 403 (1891) at 4lawschool.com Case Brief for Vosburg v. Putney 30 Wis. 523, 50 N.W. 403 (1891) at 1Lcasebriefs.com (mixed quality) Case Brief for Vosburg v. Putney 50 N.W. 403 (Wis. 1891) (very terse) Case Brief for Vosburg v. Putney 50 N.W. 403 (Wis. 1891) (single paragraph, narrative) Outline with Vosburg v. Putney United States tort case law 1891 in United States case