Brown v. Patterson

The single question presented by the record is: In a civil action of assault and battery, may the defendant plead in recoupment damages for assault and battery committed by the plaintiff at the same time and as a part of the same transaction? Stated differently, if parties fight willingly or under other conditions wherein neither party can justify himself in this form of action, can the one recoup for his injuries when sued by the other; or, if suit be brought against one justified under the law, may he by plea of recoupment'present his cross-action and recover in the one suit?

By the nature…