Wells v. Englehart

Appellant contends that the verdict was clearly against the weight of the evidence. It appears from appellee’s own testimony that he was the aggressor. He sought appellant in the place where the latter was employed. He began the altercation by telling appellant he thought he was “ a damned liar. ” Although denying that he struck the first blow he says that he intended to and did “ get in first. ” According to the other witnesses he apparently struck all the blows, and says that he “ was stopped too soon ” to enable him to inflict all the injury he would apparently have liked. The evidence…