Lund v. Tyler

*2371 *236There was evidence tending to show that at the beginning of the fight which resulted in the injury to *237plaintiff, the plaintiff had challenged the defendant to combat, using insulting language in doing so; and the principal complaint of appellant is of the refusal of the trial court to instruct that if plaintiff, by his actions and words, invited the fight in which he was injured, he cannot recover damages for such injuries. There seems to be some authority for such a proposition, and counsel for appellant have cited Galbraith, v. Fleming, 60 Mich. 408 (27 N. W. Rep. 583) ; Smith v. Simon, 69…