Davidsen v. Kirkland

DIMOND, Justice.

This was an action for damages based upon an alleged assault and battery. The trial court instructed the jury on contributory negligence. The main questions to determine on this appeal are whether contributory negligence was a defense to the action, and if not, whether giving the instruction was reversible error.

One evening Carl Davidsen cashed a $50 check at the Hitchin’ Post, a saloon, in order to pay for drinks. Some time later he went back to that establishment, paid the owner $50 in cash, asked for the return of the check, and was informed that it was in the possession of…