Foote v. Nichols
Illinois Supreme Court
This was an action of trespass, brought by Nichols against Foote, for an assault and battery. The jury found a verdict against Foote for $683. A new trial was denied, and Foote appealed.
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This was an action of trespass, brought by Nichols against Foote, for an assault and battery. The jury found a verdict against Foote for $683. A new trial was denied, and Foote appealed. The court then gave the following instructions to the jury on the part of the appellee, which are complained of by appellant: That if they believe, from the evidence, that defendant, Foote, assaulted and beat the plaintiff, Nichols, within two years prior to the commencement of this suit, they will render a verdict for plaintiff, and assess his damages at some sum not more than $2,000, unless they further…
1Opinion of the Court
Catón, C. J.
This was an action for ássault and battery. The defendant pleaded the general issue, and that the injury was committed by him in necessary self-defense. The proof was sufficient to warrant the jury in finding the defendant guilty of the assault, which is shown to have been a severe one. Although the damages were pretty high, we cannot feel justified in disturbing the verdict for that cause.
The complaint of the first two instructions is, that they confine the justification to a defense of the person, whereas the defendant might have committed the assault in the necessary defense of…
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- Freese v. BuoyAppellate Court of Illinois · 1991
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