Tinkler v. Richter

This is an action for damages for an alleged assault and battery. On August 8, 1939, the defendant, plaintiff’s brother-in-law, was residing with plaintiff at the latter’s home in Grand Rapids. At .that time plaintiff was 87 years old and defendant about 60 years old. The kitchen of plaintiff’s house adjoins the living room. A door connects the two rooms and a davenport rests against the west wall of the living room facing the kitchen door. On the day in question, plaintiff’s dog took a bone and, true to Ms natural instincts, selected the davenport as a place where he could enjoy the delicacy…