Kindelspire v. Lawrence

— In an action for injuries, caused by the discharge of a tear gas projector, plaintiff set forth two theories of alleged liability: (1) that he was injured by a willful and intentional assault upon his person, committed by defendant; and (2) that his injuries resulted from the careless and negligent conduct of defendant.

The trial court denied defendant’s motion to require plaintiff to separately state the cause of action. By affirmative defenses, defendant pleaded justification and self-defense to the first theory, and contributory negligence to the second.

The jury was instructed on both…