Colby v. McClendon

This is an action commenced in the district court of McClain county by Anna McClendon, surviving widow of T. L. McClendon, against J. H. Colby and Wade Stovall to recover damages for the wrongful and intentional killing of her husband on August 16, 1911. From a judgment in favor of the plaintiff and against the defendants, the defendants have appealed^

The plaintiffs in error brief but two questions. The first is stated as follows:

“Where two persons voluntarily engage in a mutual combat resulting in the death of one at the hands of the other, the latter is not civilly liable in damages…