Monson v. Lewis
Wisconsin Supreme Court
Appeal from a judgment 'of tbe circuit court for Columbia county: E. Ray SteveNs, Circuit Judge. This is an action to recover damages for an assault and battery by wbicb tbe plaintiff’s arm was broken.
Read the full summary
Appeal from a judgment 'of tbe circuit court for Columbia county: E. Ray SteveNs, Circuit Judge. This is an action to recover damages for an assault and battery by wbicb tbe plaintiff’s arm was broken. Tbe answer alleged tbat at tbe time of tbe alleged assault tbe defendant was commissioner of highways, and tbat while engaged in bis official duties the plaintiff assaulted him, and while lawfully defending himself -from such assault be bad a personal encounter with tbe plaintiff, but tbat tbe defendant acted only in lawful self-defense, and used no more force than, under the circumstances, was…
1Opinion of the CourtWiNsnow, J.
There was no doubt, under the evidence, of the fact that the defendant struck the plaintiff and fractured-his arm; but the principal disputed question seemed to be whether the defendant struck the blow while trying to take the scraper from plaintiff’s possession, or whether the plaintiff had entirely let go of the scraper, and the defendant *585liacl, without violence, taken it. and struck the blow while the plaintiff was endeavoring to retake it. In the one case the act of defendant was an attempt to take the property by force from plaintiff’s possession, and in the other ease it was an ■attempt…
2Cases cited3 opinions
- Barnes v. MartinWisconsin Supreme Court · 1862
- Blake v. DamonMassachusetts Supreme Judicial Court · 1869
- Timm v. BearWisconsin Supreme Court · 1871
3Cited by6 opinions
- Wirsing v. KrzeminskiWisconsin Supreme Court · 1973
- State v. CarrollWisconsin Supreme Court · 1942
- Ogodziski v. GaraWisconsin Supreme Court · 1921
- Storma v. WippichWisconsin Supreme Court · 1919
- Winter v. BeebeWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.