Ulrich v. Schwarz

On the evening of August 12, 1927, the defendant struck the plaintiff with his fist in the vicinity of his right ear. This action was brought to recover damages. The assault and battery is not denied. Upon the trial the defendant sought to introduce proof to show that at the time of the assault the plaintiff was one of a party of young men who had entered upon the premises of’ and were then engaged in provoking a quarrel with, defendant’s brother. The reception of this evidence was urged as proper in the mitigation of compensatory damages, upon the authority of Wilson v. Young, 31 Wis. 574.…