Ranson v. Kitner
Appellate Court of IL - 1889
- D shot P's dog while hunting for wolves because P's dog looked much like a wolf.
- Trial court found for P. D appealed citing a good faith mistake as his defense.
- Trial court found for P, awarded $50 as the value of the dog.
- IL Appellate Court affirmed, found for P.
- Is good faith mistake a defense to intentional torts where the D intended the consequence of his act?
- Good faith mistake is not a defense to intentional torts where the D intended the consequence of his act.
- D intended to shoot (intended to bring about a harmful or offensive touching).
- The necessary intent is not to kill a dog but to shoot an animal.
- It does not matter that D was incorrect about who the receiver of his act was; he is liable.
- Trespass to chattels case -- substantial interference on the property of another.
- Good faith mistake does not negate intent.
- Public policy of promoting socially responsible behavior -- look before you shoot.