Haydel v. Bullinger

SAMUEL, Judge.

This is a suit for personal injuries and damages arising out of a barroom brawl which resulted in the plaintiff being struck and shot in the mouth. There was judgment in the trial court in favor of defendants and against the plaintiff, dismissing the latter’s suit. The plaintiff has appealed.

While it is true that recovery may be had for injuries received as a result of an assault and battery without legal excuse, it is well settled that a plaintiff cannot recover where he provokes the difficulty by insults, abuse, threats or other conduct calculated to arouse resentment or fear…