Busalt v. Doidge

The opinion of the court was delivered by

West, J.:

The defendants appeal from an order granting a new trial. The action was for damages alleged to have been sustained by the plaintiff in an assault committed by one of the defendants while in the act of serving a warrant. One of the principal *38contentions in the case was whether the plaintiff had first assaulted the officer so that the latter acted in self-defense. In its charge the court stated the claim, as set out in the petition, that the officer “without right, provocation or authority and without resistance on the part of said Andrew…