Brown v. Oestman

Defendant appeals from a $20,000 jury verdict in an assault and battery case instituted under the wrongful death act. * Defendant’s motion for directed verdict at the conclusion of plaintiff’s proofs was denied, as was his motion for new trial after verdict and judgment. Defendant’s appeal is based upon errors he claims were made in the trial court’s instructions to the jury. He claims the jury should not have been instructed that he had a legal duty to retreat if he was justified in believing he was in danger of injury or death from an attack by plaintiff’s decedent. He next claims that…