189 Iowa 771 | Iowa | 1920
II. There is no dispute over the law that governs the case. It is conceded (a) that, while words will not justify an assault, opprobrious or insulting language used by the assaulted party should be considered on mitigation; (b) that a challenge to combat will not defend an assault upon the challenger (Lund v. Tyler, 115 Iowa 286) ; and (c) conceded that, in protecting against assault, no more force is permissible than will reasonably work such protection. Nor is there any dispute over the scope of appellate review of a verdict on conflicting evidence.
III. Grant, for the sake of argument, that, if the jury believed the testimony given by the defense, aided., if you please, by some given by witnesses for the plaintiff, the verdict is too large. Grant even that, if the jury believed these, its verdict indicates passion and prejudice. But all that will, here, neither set aside or reduce the verdict, if the jury believed the testimony of plaintiff as a witness, or believed some of his Avitnesses, or believed both the plaintiff and his Avitnesses.
On giving credence to what was adduced for plaintiff, tlie jury could find this:
Plaintiff took his cattle to a railroad yard. They Avere taken into the scale yard, to be Aveighed. Defendant was there at work, sorting his OAvn cattle. Defendant did something with the scale that made plaintiff feel he (plaintiff) should rebalance the scale, and he did so. In the scale yard, some of the stock of the plaintiff became Avild, and plaintiff had trouble in separating them. It Avas a warm day,
This testimony given by the plaintiff has much corroboration. It is equally true that testimony of others, including witnesses for plaintiff, greatly qualifies that of plaintiff; and true that all of it is met with contradiction' and denial. But, as said, the jury could, as it evidently did, adopt the version of the plaintiff. And on this reviéw, we cannot interfere with the verdict so founded.
The plaintiff is 62 years old. He has a position of some little standing. He testifies that he felt humiliated over this assault, and it caused him mental pain, and that there was an article about it printed in the Map'leton paper.
It is true that, immediately after the assault, they finished weighing the cattle, and that plaintiff rode out into the country, and that he had no medical aid. But if the jury believed the testimony, it could find as follows: When plaintiff got up, a bystander could see no bruises on him, because plaintiff was so bloody; that the blood was streaming out of his nose; that he rode out, with the blood running out of his nose and ear; that when he b*egan to cool off in the evening, he had a terrible pain in his head, which lasted almost two weeks; that, part of the time, it was so severe that he thought he was going to lose his reason; that plaintiff-found that the end of his nose and some of the bridge
We are not warranted in either setting aside or redlining the verdict. — Affirmed.