Paxton v. Boyer

Citations

• 67 Ill. 132

Syllabus

<p>1. Trespass eor assault and battery—where trespass was committed on innocent party under belief that it was necessary to self-defense. Where a person is assaulted and felled to the floor by violence, and in the difficulty strikes an innocent party without malice and under circumstances which would have led a reasonable man to believe it was necessary to his proper self-defense, he will not be liable, either civilly or criminally, for the injury so inflicted by him upon such unoffending party.</p> <p>2. Same—bwden of pnof. A person is not liable for an unintentional injury resulting from a lawful act, such as exercising his right of self-defense when attacked, where neither negligence nor folly is imputable to him, and the burden of proving the negligence or folly, when the act is lawful, is upon the plaintiff.</p> <p>3. Same—proof to sustain action. The rule is well established that, in an action for assault and battery, the plaintiff must be prepared with evidence to show, either that the intention was unlawful, or that the defendant was in fault.</p> <p>4. Same—when the intent becomes material. The motive, intent or design of the wrongdoer towards the plaintiff is not the criterion as to the form of the remedy, for, where the act occasioning the injury is unlawful, the intent of the wrongdoer is immaterial; but where the party inflicting the injury is no wrongdoer, but is exercising a right or doing a lawful act, and injury results to another, then the intent becomes material, as also the question of reasonable care.</p> <p>5. Same—effect of special verdict. In an action of trespass for an assault and battery, the jury found the defendant guilty, and assessed the plaintiff’s damages at $450, and further found in their verdict that, from the evidence, the blow complained of was struck by the defendant without malice and under circumstances which would have led a reasonable man to believe it was necessary to his proper self-defense: Held, that the defendant was e