Barholt v. Wright
Ohio Supreme Court
Error to the Circuit Court of Portage County. The plaintiff below brought suit against the defendant to recover damages for an assault and battery committed upon his person. The answer was a general denial. Upon the trial of the issue, the jury, under the charge of the court, rendered a verdict for the defendant. A motion for a new trial, assigning error in the charge, was overruled by the court, and a bill of exceptions taken.
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Error to the Circuit Court of Portage County. The plaintiff below brought suit against the defendant to recover damages for an assault and battery committed upon his person. The answer was a general denial. Upon the trial of the issue, the jury, under the charge of the court, rendered a verdict for the defendant. A motion for a new trial, assigning error in the charge, was overruled by the court, and a bill of exceptions taken. Upon error the judgment was reversed in the circuit court, and the cause remanded for a, new trial; and the defendant below now prosecutes error in this court to…
1Opinion of the CourtMinshall, J.
It would seem at first blush contrary to certain general principals of remedial justice to allow a plaintiff to recover damages for an injury inflicted on him by a defendant in a combat of his own seeking; or where, as in this case, the fight occurred by an agreement between the parties to fight. Thus in cases for damages resulting from the clearest negligence on the part of the defendant, a recovery is denied the plaintiff, if it appear that his own fault in any way contributed to the injury of which he complains. And a maxim, as old as the law, volenti non fit injuria, forbids a recovery by…
2Cases cited10 opinions
- Adams v. WaggonerIndiana Supreme Court · 1870
- Commonwealth v. CollbergMassachusetts Supreme Judicial Court · 1876
- Ruter v. FoySupreme Court of Iowa · 1877
- Steinmetz v. KellyIndiana Supreme Court · 1880
- Shay v. ThompsonWisconsin Supreme Court · 1884
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