Wayne B. Cheney v. Millard Moler

LEWIS, Circuit Judge.

Plaintiff-appellant initiated this suit as a claim for damages resulting from personal injuries suffered in a fight with defendant-appellee, who, in turn counterclaimed for damages arising from the altercation. The conflicting claims were submitted for determination to a jury sitting with the District Court for the District of Kansas upon instructions explaining the law of Kansas relative to assault and battery and that pertaining to liability imposed in cases of mutual combat. The trial court also instructed the jury thus:

“Four forms of verdict have been prepared for…