Grotton v. Glidden
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of trespass for an assault and battery tried to a jury in this court sitting in Knox county. The jury returned into court, after the case had been committed to them, with a verdict in the following form : " The jury find that the defendant is not guilty in manner and form as the plaintiff has declared against him but assess damages for the plaintiff in the sum of fifty dollars for excessive treatment.”
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On motion and exceptions. This was an action of trespass for an assault and battery tried to a jury in this court sitting in Knox county. The jury returned into court, after the case had been committed to them, with a verdict in the following form : " The jury find that the defendant is not guilty in manner and form as the plaintiff has declared against him but assess damages for the plaintiff in the sum of fifty dollars for excessive treatment.” Before affirming the verdict, the presiding justice instructed the jury that the verdict was not in proper form and gave them directions in full as…
1Opinion of the CourtWalton, J.
This is an action to recover damages for an assault and battery. The plaintiff has obtained a verdict for fifty dollars, and the case is before the law court on motion and exceptions by the defendant.
The evidence satisfies us that the plaintiff’s injuries were received while he and the defendant were engaged in a voluntary fight. The defendant contends that he acted only in self-defense. But the evidence satisfies us that the fight was voluntary on the *591part of both parties. This brings us to the question whether, if two persons engage voluntarily in a light, either can maintain an action…
2Cases cited3 opinions
- Adams v. WaggonerIndiana Supreme Court · 1870
- Commonwealth v. CollbergMassachusetts Supreme Judicial Court · 1876
- Shay v. ThompsonWisconsin Supreme Court · 1884
3Cited by10 opinions
- Hudson v. CraftCalifornia Supreme Court · 1949
- Nash v. MeyerIdaho Supreme Court · 1934
- McNeil v. MullinSupreme Court of Kansas · 1905
- Morris v. MillerNebraska Supreme Court · 1909
- Milliken v. HeddesheimerOhio Supreme Court · 1924
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