Craig v. Toteve

Defendant in error, plaintiff below, sued plaintiff in error (defendant) for $5,150 actual, and $2,500 exemplary, damages allegedly arising from his assault and battery upon her. Defendant pleaded a general denial and as special defenses alleged: (1) That at the time involved plaintiff was trespassing on his land and that he merely ejected her therefrom, using no more force than was necessary so to do; (2) self-defense against plaintiff’s assault, and (3) self-defense against an imminent and anticipated attack by the husband and son of plaintiff. By way of cross complaint defendant prayed for…