Spain v. Rakestraw

The opinion of the court was delivered by

Benson, J.:

In this action for damages for an assault and battery the defendant alleged that he acted in self-defense, and offered evidence designed to prove that the plaintiff- was a fighting and quarrelsome person. In presenting this testimony the witnesses were asked if they knew the character of the plaintiff as a fighting, quarrelsome and vindictive man, and what *759that character was. Following the answers to these questions inquiries were made concerning his general reputation in respect to the qualities named. The answers to both inquiries were the…