Boren v. Bartleson

This was an action of trespass brought by the appellant against the appellee, to recover damages for an alleged assault and battery. The defendant pleaded not guilty, and son assault demesne. The plaintiff replied de injuria. The jury found a verdict for the defendant, and the plaintiff appealed.

The facts are substantially as follows: The defendant used insulting language to the plaintiff, whereupon the plaintiff pushed or struck him in the breast. The defendant stepped back, and drawing a revolver snapped it at the plaintiff, and then advancing upon him, struck him upon the head with the…