Kuney v. Dutcher

On June 20, 1880, plaintiff was badly injured in a fight between him and Lyman Dutcher, in which he claims the latter was the aggressor. Charles Dutcher is claimed to have intervened while the parties w'ere struggling on the ground, and kicked and otherwise injured plaintiff. David Dutcher, father of the other defendants, is charged with urging on his sons to kill or hurt plaintiff. This suit is brought against all jointly, and the jury found them all guilty and gave $1000 damages against them. They bring error.

The plaintiff’s father and David and Charles Dutcher lived near each other on the…