Irlbeck v. Bierl
Supreme Court of Iowa
Appeal from Carroll District-Court. — Hon. Charles D. Goldsmith, Judge. Action at law to recover damages for an alleged assault and battery. Trial by jury. Verdict and judgment for the plaintiff. Defendant appeals.— Appeal from Carroll District Court. — Hon. C. D. Goldsmith, Judge.
1Opinion of the CourtRothrook, C. J.
*2421 *241It is -not disputed that plaintiff and defendant had a personal encounter, commonly called a fight, and that the plaintiff came out of the affray with one of the bones of his right forearm broken. No deadly weapons were used by either party, and it does not appear that either of them was in possession of revolvers or knives or other dangerous instruments. The bone in plaintiff’s arm was broken by a blow from the butt end of a whip used in driving a team. There had been strife, contention, and ill feeling between the parties for several years. They and their families had law suits before a…
2Cases cited1 opinion
- Irlbeck v. BierleSupreme Court of Iowa · 1891
3Cited by4 opinions
- Dorris v. MillerSupreme Court of Iowa · 1898
- Kramer v. RicksmeierSupreme Court of Iowa · 1913
- State v. RichardsonSupreme Court of Iowa · 1917
- Haupt v. SwensonSupreme Court of Iowa · 1904