Wright v. Starr
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Cathryn L. Wright against C. T. Starr. Verdict for defendant. From order denying a motion for new trial, plaintiff appeals. The instruction of the court as to consent being a defense or justification of an assault and battery was error. McNeil v. Mullin, 79 Pac. 168. “The fighting being unlawful, the consent of the plaintiff to fight, if proved, would be no bar to his action.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Cathryn L. Wright against C. T. Starr. Verdict for defendant. From order denying a motion for new trial, plaintiff appeals. The instruction of the court as to consent being a defense or justification of an assault and battery was error. McNeil v. Mullin, 79 Pac. 168. “The fighting being unlawful, the consent of the plaintiff to fight, if proved, would be no bar to his action. Bell v. Hansley, 3 Jones, 131; Morris v. Miller, 131 Am. St. Rep. 636; Adams v. Waggoner, 5 Am. St. Rep. 230; Willey v.…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an action for damages alleged to be the result of an assault and battery. The complaint, in substance, alleges that respondent assaulted appellant by grabbing and pressing her throat and neck with his hands, and by grabbing and taking hold of her left wrist, and pressing her wrist watch into the flesh, and by grabbing and twisting her right hand, and by tearing her clothes, from her person, by all of which she was hurt, wounded, and bruised, and caused physical suffering, etc. All these allegations are denied in the answer.
The alleged assault occurred in a room…
2Cases cited5 opinions
- O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- State v. PickettNevada Supreme Court · 1876
- Goldnamer v. O'BrienCourt of Appeals of Kentucky · 1896
- Nicholls v. ColwellAppellate Court of Illinois · 1904
- Neilsen v. HovanderWashington Supreme Court · 1909
3Cited by12 opinions
- Davies v. ButlerNevada Supreme Court · 1979
- State v. MacKrillMontana Supreme Court · 2008
- Prell Hotel Corp. v. AntonacciNevada Supreme Court · 1970
- Byfield v. CandlerCourt of Appeals of Georgia · 1924
- Van Vooren v. CookAppellate Division of the Supreme Court of the State of New York · 1947
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