MacDonald v. Ogan

This case was before this court upon a former appeal to which reference may be had for a more complete statement of the pleadings and facts. (MacDonald v. Ogan, 61 Idaho 553, 104 P.2d 1106.) Our discussion will be limited to questions only that we deem material to a proper disposition of this case. The pertinent facts are substantially as follows.

On the night of December 14, 1937, respondent and one Christenson, who had been drinking to some extent, were engaged in quarreling, fighting and using profanity on Pine Street' in Potlatch, a town having a population of approximately 1,500 people,…