McClure v. Shelton
Nebraska Supreme Court
Error to the district court for Merrick county. Tried below before Marshall, J. cited: Field, Damages, pp. 476, 483-4; Cooley, Torts, pp. 167, 313-14; 2 Greenleaf, Ev., sec. 95; Stetlar v. Nellis, 60 Barb. [N. Y.], 525. cited: Cooley, Torts, 193-5; Field, Damages, 483; Fosbmder v. Svitka, 16 Neb., 499.
1Opinion of the CourtMaxwell, J.
This action was brought by the plaintiff against the defendant in the district court of Merrick county to recover damages for assault and battery. The answer of the defendant is in effect a plea of justification. On the trial of the cause the jury returned a verdict for the defendant, and a motion for a new trial having been overruled, judgment was entered on the verdict.
The testimony tends to show that on the evening of the 10th of October, 1887, the plaintiff went on horseback *371upon the premises of the defendant; that as soon as the defendant met him he ordered him to leave said premises,…
2Cited by4 opinions
- Miller v. OlanderNebraska Supreme Court · 1938
- Haman v. Omaha Horse Ry. Co.Nebraska Supreme Court · 1892
- Elliott v. BrandtNebraska Supreme Court · 1957
- Kast v. LinkNebraska Supreme Court · 1911