Yeska v. Swendrzynski
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. Action for assault and battery alleged to have been committed by the three defendants jointly. They answered separately by mere general denial. The evidence disclosed, substantially without dispute, a severe beating of plaintiff by defendant Swendrzynslci, and there was some evidence of an attack by each of the other defendants.
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Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. Action for assault and battery alleged to have been committed by the three defendants jointly. They answered separately by mere general denial. The evidence disclosed, substantially without dispute, a severe beating of plaintiff by defendant Swendrzynslci, and there was some evidence of an attack by each of the other defendants. There was also •some attempt to prove a previous agreement amongst the three •defendants to assault plaintiff. Evidence was admitted tending to show a first assault by…
1Opinion of the CourtDodge, J.
Obvious error was committed in charging the jury that the assault conceded to have been made by one of the defendants, and of which there was some evidence as to the others, might be justified and a verdict for the defendants found in case the plaintiff committed the first assault and the defendants acted in self-defense. Respondents’ counsel substantially concede that such justification and defense was not admissible under mere general denial, and such is the law as settled by the authorities. Levi v. Brooks, 121 Mass. 501; Cooper v. McKenna, 124 Mass. 284; Barr v. Post, 56 Neb. 698, 77 N.…
2Cases cited7 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Earley v. WinnWisconsin Supreme Court · 1906
- Barr v. PostNebraska Supreme Court · 1898
- Atkinson v. HarranWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Der Minasian v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Parker v. WallaceSupreme Court of Missouri · 1968
- Russ v. GoodSupreme Court of Vermont · 1916
- Raefeldt v. KoenigWisconsin Supreme Court · 1913
- Estate of GilbertWisconsin Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.