Shay v. Thompson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The case is stated in the opinion. Upon the question of self-defense they cited: 2 Bish. Cr. Law, secs. 643, 646; 1 East P. C., 272; TI. S. v. Wiltberger, 3 Wash. O. C., 515; Nailor's Case, Poster, Cr. L., 278; 3 Bl. Comm., 3; McOonaghy v. MeMullen, 27 Wis., 73; 2 Addison on Torts, sec. 792.
1Opinion of the CourtLyoN, J.
The parties own adjoining farms and had a personal difficulty concerning the sufficiency of the line fence between their respective farms. On a certain Sunday in August, 1882, they met, quarreled about the fence, and fought. Although they were both old men, it is but just to say they fought with great spirit and brutality. The defendant is the larger and probably the stronger man, and *541bad the best of the fight. He gouged both eyes of the plaintiff, and it is claimed that the sight of one of them is permanently impaired. This action is to recover damages for such injuries. A trial in the…
2Cases cited2 opinions
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3Cited by16 opinions
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- Willey v. CarpenterSupreme Court of Vermont · 1891
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