McCulloch v. Goodrich

Citations

• 105 Kan. 1
• 181 P. 556
• 6 A.L.R. 386
• 1919 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mutual Combat — Assault and Battery — Civil Damages. In an action to recover damages for an assault and battery, where the petition alleges that the defendant assaulted the plaintiff, and the answer alleges that the plaintiff assaulted the defendant, and each party introduces evidence to support his contention, competent evidence cannot be properly excluded, although it may tend to prove that the. parties engaged in a mutual combat, and if there is evidence tending to prove that fact, it is proper for the court to instruct the jury concerning the law of mutual combat.</p> <p>2. Same. Where persons engage in a mutual combat, each may recover from the other all damages caused by injuries received from the other in the fight.</p>