Keep v. Quallman
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Crawford County. This action was brought to recover damages for an assault and battery alleged to have been committed by the defendant upon the person of the plaintiff. The parties are neighbors, but not friends. On a certain Sunday afternoon they met in a public highway. Several other persons were present.
Read the full summary
APPEAL from tlie Circuit Court for Crawford County. This action was brought to recover damages for an assault and battery alleged to have been committed by the defendant upon the person of the plaintiff. The parties are neighbors, but not friends. On a certain Sunday afternoon they met in a public highway. Several other persons were present. The testimony tends to show that the defendant accosted the plaintiff by asking him, “What is the reason you are slandering me around all the time?” that immediately the plaintiff put his hand in his pocket, and was about taking it out again when the…
1Opinion of the CourtLyon, J.
It was not unlawful for the defendant to address the plaintiff as he did when thej^ met on the highway, and if the plaintiff by his former threats of personal violence (if he made any), and by putting his hand in his pocket as testified to by the defendant (if he did so), gave the defendant reason to believe that lie was about to draw a revolver or other weapon upon him, it was an assault, and the defendant had the right to act upon appearances and at once repel or prevent the supposed contemplated attack. See 1 "Whart. Grim. Law, §§ 603-606. Ye think the testimony sufficient to send to the…
2Cases cited1 opinion
- State v. NettWisconsin Supreme Court · 1880
3Cited by7 opinions
- Webbier v. Thoroughbred Racing Protective Bureau, Inc.Supreme Court of Rhode Island · 1969
- Sun Oil Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1979
- Davenport v. SilveySupreme Court of Missouri · 1915
- Maichle v. JonovicWisconsin Supreme Court · 1975
- Lowe v. RingWisconsin Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.