Legal Opinion

Carlile v. Bentley

Nebraska Supreme Court

Decided May 21, 1908No. 15,160PublishedCited by 20 opinions

ArrEAD from the district court for Franklin county: Ed L. Adams, Judge.

1Opinion of the Court

Good, C.

This action was brought by plaintiff to recover damages resulting from an assault and battery inflicted upon him by defendant, and for expenses incurred for surgical and medical attendance in treating his wounds. The defense tendered in the answer was, first, a general denial; second, that at the time of the injury complained of the defendant was threatened and assaulted by the plaintiff, who, it is alleged, was a trespasser upon the premises of the defendant, and was resisting the defendant in the' lawful exercise of his authority thereon, and that the defendant used no more force…

2Cases cited2 opinions

  1. Kreuziger v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
  2. Kansas City, Fort Scott & Memphis Railroad v. EaganSupreme Court of Kansas · 1902

3Cited by20 opinions

  1. Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
  2. Baylor v. TyrrellNebraska Supreme Court · 1964
  3. Jacobsen v. PolandNebraska Supreme Court · 1957
  4. Jackson v. HarriesUtah Supreme Court · 1925
  5. Littledike v. WoodUtah Supreme Court · 1927

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