Reviewed case brief
Bird v. Holbrook
(1828) 4 Bing 628
(1828) 4 Bing 628 · Court of Common Pleas (England)
- Court
- Court of Common Pleas (England)
- Year
- 1828
- Subjects
- Law of Torts
- Reviewed
- 2026-08-02
Rule established
A plaintiff's own wrongful conduct (trespass) does not automatically excuse a defendant's independently excessive, disproportionate response, such as a concealed spring gun without warning.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(1828) 4 Bing 628
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.