McNeil v. Mullin

Citations

• 70 Kan. 634
• 79 P. 168
• 1905 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault and Battery —Recoverable Damages. Damages resulting from injuries received in a mutual combat may be recovered under the allegations of a petition in the usual form for an assault and battery.</p> <p>2. -Mutual Combat — “FirstBlow” Immaterial. If parties fight by mutual consent the aggressions are mutual, and the circumstance of who committed the first act of violence is not material in an action by either party to recover damages for the injuries he received in the fight.</p> <p>3. - Consent Inferred. Consent to engage in mutual combat may be inferred from circumstances.</p> <p>4. - Consent Does Not Affeet the Civil Remedy. If the conduct of the parties to a mutual combat constitute a breach of the criminal law, the consent of either one to participate in the melee does not deprive him of his civil remedy against the other; each contestant may recover from the other all damages resulting from injuries he received in the fight.</p>