Burke v. Melvin
Supreme Court of Connecticut
Trespass for an assault, brought, by appeal from a justice of the peace, to the Court of Common Pleas of Fairfield County, and tried to the’ jury on the general issue, with notice that the act was done in self-defence, before De Forest, J. On the trial the plaintiff offered evidence to prove the facts charged.
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Trespass for an assault, brought, by appeal from a justice of the peace, to the Court of Common Pleas of Fairfield County, and tried to the’ jury on the general issue, with notice that the act was done in self-defence, before De Forest, J. On the trial the plaintiff offered evidence to prove the facts charged. The defendant claimed, and offered evidence to prove, that early in the morning of the day when the assault complained of was committed, the plaintiff commenced to menace and assault him and to challenge him to fight with him; that he kept up this attack upon the defendant for several…
1Opinion of the CourtPark, C. J.
The question in this case arises upon the omission of the court to charge the jury, as requested by the defendant, “that long, continuous and extreme provocation given by the plaintiff should be considered in mitigation of damages.” The defendant claimed to have proved that early in the morning of the day when the assault complained of was committed, the plaintiff began to threaten, and assault him, and challenged him to fight; that the plaintiff kept this up for several hours, and up to the time of the assault complained of, and finally struck him; and that he, apprehending great and…
2Cited by3 opinions
- Manning v. MichaelSupreme Court of Connecticut · 1982
- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
- Killian v. BolsterSupreme Court of Connecticut · 1921