Kocar v. Whelan

Morrissey, O. J.

Plaintiff recovered a judgment for personal injuries received at the hands of defendant. Defendant called at plaintiff’s house for the purpose of collecting rent. Plaintiff appears to have provoked the fight that ensued. If defendant is liable at all, it is because he exercised too much force in repelling the assault.

The assignments of error deal chiefly with the instructions. ' The criticism is directed to a statement wherein the jury are told: “That the defendant would not be justified in using any more force than was reasonably necessary under the circumstances to repel an…