Legal Opinion

Irwin v. Yeager

Supreme Court of Iowa

Decided March 10, 1888PublishedCited by 8 opinions

Appeal from Jackson District Court. — Hon. Walter I. Hayes, Judge. Action to recover damages for an assault and battery. Trial by jury, verdict and judgment for the plaintiff against two of the defendants, and they appeal. There was a verdict for the other defendant.

1Opinion of the CourtSeevers, C. J.

The defendants ■ jointly pleaded a ' .general denial, and that the plaintiff assaulted them, and that they simply defended themselves, as they lawfully might do. The defendant Yeager separately pleaded that he was lawfully passing along a highway adjoining or passing over the property of the plaintiff, and while upon the highway the plaintiff made an assault upon the defendant, and thereupon the defendant defended himself, as he lawfully might, doing no further injury to the plaintiff than was necessary. The other appellant pleaded the same defense in the same form and manner. The defendants…

2Cases cited1 opinion

  1. Morey v. FitzgeraldSupreme Court of Vermont · 1884

3Cited by8 opinions

  1. Essex v. DouglasSupreme Court of Iowa · 1908
  2. Davis v. SeeleySupreme Court of Iowa · 1894
  3. Small v. BinfordIndiana Court of Appeals · 1908
  4. Berns v. DoanSupreme Court of Delaware · 2008
  5. Haines v. M. S. Welker & Co.Supreme Court of Iowa · 1918

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