Kitay v. Halpern

Opinion by

Baldbige, J.,

The plaintiff recovered a verdict of $2,500 as dam ages for injuries sustained as a result of the defendant striking him with his fist on the nose. The defendant admits striking the plaintiff, but he contends the plaintiff was the aggressor and struck him the first blow and that he was acting in self defense.

The appellant argues that the charge of the court was inaccurate as to the duty of the defendant to retreat, if the plaintiff was the aggressor. The trial judge laid down correct principles of law respecting the duty, in certain circumstances, of one who is…