Sloan v. Pierce

Citations

• 74 Kan. 65
• 85 P. 812
• 1906 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Assault and Battery — Apparent Danger to Defendant’s Father — Finding Construed. In an action to recover damages for an assault and battery, where the defendant seeks to justify his conduct upon the ground that he had reason to believe and did believe that it was necessary to protect his father from injury, a finding that the danger to his father was not such as to induce a person exercising reasonable and proper judgment to interfere in order to prevent the consummation of such injury is open to a construction that gives the word “danger” the force of “apparent danger”; and held, that this is the proper construction of such a finding iri the present case.</p>