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Case Citations [1] (Spring 2024)

handle is hein.ali/relwtrts0341 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TORTS DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS CHAPTER 4. DEFENSES OF PERSON, LAND AND CHATTELS-RECAPTION TOPIC 1. SELF-DEFENSE AND DEFENSE OF THIRD PERSONS § 63. Infliction of Bodily Contact by Use of Force Not Threatening Death or Serious Bodily Harm Or.App.2023. Subsec. (b) quot. in commentary to statute quot. in sup. State charged defendant with first-degree assault in connection with an incident in which he became agitated while drinking alcohol with his neighbor, and, although neither defendant nor the neighbor remembered exactly what happened, the neighbor became injured and suffered, among other things, concussive symptoms lasting about three months. After a jury found defendant not guilty of first-degree assault, the trial court convicted defendant of the lesser-included offense of second-degree assault, for knowingly causing serious physical injury to another. This court reversed and remanded, holding that the evidence was insufficient to find that defendant inflicted serious physical injury supporting a conviction for second-degree assault. The court observed that the relevant statute cited Restatement of Torts § 63, Comment b, in explaining that serious physical injuries were injuries that were so grave that they were regarded as differing in kind from other bodily harms. State v. Stone, 532 P.3d 90, 95. CHAPTER 7. INVASIONS OF THE INTEREST IN THE EXCLUSIVE POSSESSION OF LAND AND IN ITS PHYSICAL CONDITION (TRESPASS ON LAND) TOPIC 2. RECKLESS OR NEGLIGENT ENTRIES ON LAND AND THOSE RESULTING FROM EXTRA HAZARDOUS ACTIVITIES Scope Note Idaho 2023. Scope Note quot. in sup. Owner of a servient property that was burdened by a dirt-road access easement, who had built French drains along the road to combat erosion, sought damages against owners of a dominant property was benefited by the easement, after they repeatedly filled the drains COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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