A Treatise On the Law of Trespass in the Twofold Aspect of the Wrong And the Remedy

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battery, de injuria is a good replication to a plea stating that J. E. and S. B. were possessed of a close, and that the plaintiS was making a noise, &c. ; and the defendants, as the servants of J. E. and S.
B., and by their command, requested him to depart, and he refused, where- upon the defendants, as the servants of J. E. & S. B., gently laid hands, &c., and because the plaintiff resisted the defendants, as servants, and by command, &c., a little hurt, &c. (Piggott v. Kemp, 1 C. & M. 197 ;
...3 Tyr. 138).
Where, in an action for an assault, the plaintiff declared that the defendant beat, bruised and wounded him ; plea son assault demesne, and the plaintiff re- plied de injuria sua propria ; and it was proved that the latter being on horse- back, got off and held up his stick at the defendant, when the latter struck him; it was held that the plaintift' should have replied specially; and it having been left to the jury whether from the evidence the plaintiff was so far the ag- gressor as to justify the assault committed on him by the defendant, and they having found in the affirmative, the Court of Common Pleas refused to grant a new trial (Dale v.


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