Gartner v. Mohan
South Dakota Supreme Court
Appeal from 'Circuit Court, Charles Mix County. Hón. • Robert B. Tripp, Judge. Action by Harry Gartner, against John J. Mohan, to recover damages, alleged to have been suffered by plaintiff from defendant’s assault. From a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Civ.
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Appeal from 'Circuit Court, Charles Mix County. Hón. • Robert B. Tripp, Judge. Action by Harry Gartner, against John J. Mohan, to recover damages, alleged to have been suffered by plaintiff from defendant’s assault. From a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Civ. Code, Sec. 2312; McDonald v. Walter, 40 N. Y. 551;'Whitney v. City of Milwaukee (Wis.) 27 N. W.' 39. Respondent cited: Brewing Co. v. Mielenz, 37 N. W. 728; Bongsdale v. Brown, 4 Wash. C. C. 148; Hasseltime v. Southwestern Ry. Co., 55 S.…
1Opinion of the CourtWhiting, J.
Action for damages claimed to' have been suffered by plaintiff as a result of an assault by defendant. Verdict for plaintiff in the sum of $1. From- the judgment thereon and from an order denying a new trial, plaintiff appealed.
The only question that requires our consideration is whether this judgment can stand in the light of the instructions of the court. The evidence showed that upon the day of the alleged assault there were two affrays in which plaintiff was a party. Respondent contends, and we think correctly, that the sole issue of fact tried to the jury was:
“Whether this appellant…
2Cases cited1 opinion
- Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
3Cited by7 opinions
- First National Bank of Webster v. First National Bank of MobridgeSouth Dakota Supreme Court · 1922
- Gartner v. MohanSouth Dakota Supreme Court · 1919
- State v. RobertsSouth Dakota Supreme Court · 1932
- Tabor State Bank v. RollinsSouth Dakota Supreme Court · 1929
- Weibel v. GardnerSouth Dakota Supreme Court · 1922
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