Keller v. Lewis
Supreme Court of Iowa
Appeal from Mitchell District Court. — ITon.' Clipeor-d P. Smiti-i, Judge. Action to recover damages suffered by reason of -an alleged assault and battery. The answer was a general denial, and also a plea that any force by defendant used -against plaintiff was in defense of bis property, which ■ plaintiff, at that time was attempting to destroy. There was -a jury.trial, •which resulted in a verdict in plaintiff’s favor, for the sum of $50. She appeals. —
1Opinion of the Court
Waterman, J. —
*3701 *369The difficulty which gives rise to this action grew out of a joint venture of the parties in raising poultry. They owned together about 150 turkey eggs, which *370were in process of incubation by primitive methods. We infer from the record that plaintiff and her husband had been living on the farm of defendant, where the eggs were at the time .of the claimed assault. They were about to remove, and defendant attempted to purchase plaintiff’s share of the eggs. She fixed the price of $10, which he declined to pay. Upon this, plaintiff declared she would break, either all, or her…
2Cases cited2 opinions
- Elenz v. ConradSupreme Court of Iowa · 1901
- Churchill v. GronewigSupreme Court of Iowa · 1890
3Cited by2 opinions
- Krisinger v. City of CrestonSupreme Court of Iowa · 1909
- Phelps v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913