Thrall v. Knapp
Supreme Court of Iowa
Appeal from Marshall District Court. Action for assault and battery. — The assault was not denied. The questions made arise upon certain evidence offered by the defendant in mitigation of damages, and overruled by the court: 1. The defendant offered to show that there was some hostility and hard feelings between the parties, previous to the assault, and also that a week lefore the assault, plaintiff had grossly and scandalously slandered the defendant’s daughters, and held…
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Appeal from Marshall District Court. Action for assault and battery. — The assault was not denied. The questions made arise upon certain evidence offered by the defendant in mitigation of damages, and overruled by the court: 1. The defendant offered to show that there was some hostility and hard feelings between the parties, previous to the assault, and also that a week lefore the assault, plaintiff had grossly and scandalously slandered the defendant’s daughters, and held them up to public ridicule and contempt, and that the same came to the defendant’s knowledge about three hours before the…
1Opinion of the CourtDill on, J.
1. Assault TBK?:Bpro’-vocation. Both assignments of error raise the same general question, viz., as to the nature of evidence which may received for the purpose of mitigating the plaintiff’s damages, in a civil action, for assault an(j The ru¡es 0f iaw on this subject are well settled, and the only difficulty consists in their proper application to individual cases.
Thus, the law always, and most properly, admits in evidence all of the circumstances which immediately accompany and give character to the transaction. Therefore, immediate provocations, i. e., such as happen at the time of the…
2Cases cited6 opinions
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
- Lee v. WoolseyNew York Supreme Court · 1822
- Ireland v. ElliottSupreme Court of Iowa · 1858
- Matthews v. TerrySupreme Court of Connecticut · 1835
- Fullerton v. WarrickIndiana Supreme Court · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SerratoSupreme Court of Iowa · 2010
- Bond v. WilliamsSupreme Court of Missouri · 1919
- Gronan v. KukkuckSupreme Court of Iowa · 1882
- Keiser v. SmithSupreme Court of Alabama · 1882
- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
5 more not listed; retrieve them via the Exa API.