Singer v. Marx


144 Cal. App. 2d 637 (1956)

Tim Marx, a nine-year-old, and Denise Singer, an eight-year-old, were on the front lawn of Singer’s residence.  Tim had been throwing rocks into the street.

Barbara, also eight years old, was riding her bicycle back and forth on the pavement.  Tim said to Denise, “Watch Barbie.”  Denise looked at Barbara, then back at Tim, just as a rock thrown by Tim struck Denise in the eye.  The testimony supported the inference that Tim had thrown the rock at Barbara but inadvertently hit Denise.

Under the transferred intent doctrine, the court transferred Tim’s intent from Barbara to Denise.

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