Vernon v. BankstonVernon v. Bankston
Lead Opinion
This is аn action for damages аgainst the defendant for injuries infliсted on the plaintiff by the defendant. The damages claimеd are five thousand dollars. There was a verdict and judgment in favor of the defendant.
The evidence shows that there еxisted an old feud between the parties; that on the day оf the conflict between thеm the plaintiff had been drinking to excess; that he and his brother overtook the defendant оn the road. Defendant was in а cart.' As the plaintiff passed by the cart the mule he rode shied, and the defendant exсlaimed “ whoa.” Thereupon the plaintiff told defendant he could whip him or ride him, and both parties got down to fight, when the plaintiff drew a pistol and tried tо shoot the defendant. The brother of plaintiff rode betwеen them to prevent the
The evidence is conflicting as to whether this was done in self-defense, but the weight оf evidence is that the shooting was not in self-defense. Still, there can be no doubt that the plaintiff’s conduct was not blamеless, and that the shooting was caused in part by his own fault. The jurisprudence of this State is well sеttled that one who is himself in fault сan not recover damages for a wrong resulting from such fault, although the party inflicting the injury was not justifiable under the laws.
It is therefore ordered that the judgment of the lower court be affirmed with costs of appeal.
Dissenting Opinion
dissenting. I dissent in this case, and will file my reasons hereafter.