Finn v. Stoddard

Preston. J.

Damages : evitionC® assault1" and battery. There is really only one 1 J J question in the case. Several errors are assigned, but these relate to the one question, and that is in regard to the alleged provocation to defendant, and whether the evidence offered in reference thereto *905should have been admitted and received on the question of mitigation of damages. ¡

The assault upon plaintiff occurred about noon. Defendant pleaded in mitigation of damages that, about 11 or 12 o’clock the night before, the plaintiff, without cause or excuse, at a church in the neighborhood, and in the…