Hopper v. Ross

HUNTER, District Judge.

Emory J. Hopper, plaintiff, was blackjacked, shot, and severely wounded by defendant Ross. Plaintiff seeks recovery for pain, suffering and physical injuries accredited to the shooting. Defendant admits the blackjacking and the shooting, but interposes a special plea of justification in which he affirmatively alleges:

“That said plaintiff used vulgar and obscene language in the presence of respondent’s wife, and when respondent insisted that he leave his premises, the said Emory J. Hopper attacked respondent and his wife, and that in order to protect himself, his wife,…