Legal Opinion

Ruter v. Foy

Supreme Court of Iowa

Decided June 7, 1877PublishedCited by 22 opinions

Appeal from Butler Circuit Covri. The plaintiff avers in her petition that the defendant assaulted and beat her with a pitchfork, whereby she sustained great injuries. Trial by jury. Verdict for plaintiff for $200. Defendant appeals.

1Opinion of the CourtAdams, J.

3. negligence: assault and battery. I. The defendant asked an instruction which is in the following words: “If you find from the evidence that plaintiff was injured, or contributed to her injury, r, J 7 by her own act or negligence, defendant would not be liable for assault and battery upon her, and plaintiff cannot recover.” The court refused to give the instruction and the refusal is assigned as error.

The doctrine of contributory negligence has no application in an action for assault and battery. There can be no contrib*133utory .negligence except where the defendant has been guilty of…

2Cases cited1 opinion

  1. McCaleb v. SmithSupreme Court of Iowa · 1868

3Cited by22 opinions

  1. Denton v. ArnsteinOregon Supreme Court · 1952
  2. Bowman v. HumphreySupreme Court of Iowa · 1906
  3. Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
  4. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  5. Lambrecht v. SchreyerSupreme Court of Minnesota · 1915

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