Finner v. Porath

This is an action for damages for assault and battery. Plaintiff was plowing out a ditch along a private right of way between the farm of his mother and the farm of defendant, in which right of way both owners asserted rights and concerning which there had been trouble and litigation between them. Defendant’s wife attempted to stop plaintiff’s plowing upon and across a way of defendant, as she claims, leading from such right of. way to defendant’s premises. Defendant came from his work to the scene of the trouble, claims that plaintiff assaulted his wife, whereupon he struck plaintiff. The…