Prosser v. Carroll

This action is brought to recover damages for an alleged assault by defendant upon plaintiff. Defendant, by his *429answer, amongst other things, alleges that, upon the occasion complained of by plaintiff, the latter conducted himself improperly; that the defendant undertook to maintain and defend his rights, and that plaintiff assaulted him, and that the occurrences leading up to and resulting in such assault are the same ones complained of by plaintiff in his complaint; and said defendant demands an affirmative judgment for his damages.

Plaintiff insists that defendant cannot set up and allege…