Abt v. Burgheim

Citations

• 80 Ill. 92

Syllabus

<p>1. Assault and battery—party using more force than is reasonably necessary. Although a person has the right to eject another from his premises who forcibly enters the same, or who, being there, uses inde'cent or abusive language, or commits an assault upon him, yet, in so doing, he must use no more force than is reasonably necessary for that purpose, and if he use more force than is reasonably necessary under the circumstances of the case, he will be liable, in an action of trespass, for whatever damage is thereby done.</p> <p>2. In such case, an instruction that the defendant would be justified in using all the force necessary in expelling the plaintiff, is erroneous in omitting the indispensable element of the reasonableness of the force allowed.</p>