Torts Keyed to Goldberg
Haeussler v. De Loretto
Facts
Plaintiff, Harold Haeussler went to his neighbor’s, Emil De Loretto, Defendant, house at night to ask about Plaintiff’s missing dog. In the past, the dog would usually go to Defendant’s door. The moment Defendant opened the door, Plaintiff’s dog ran outside. Plainitiff began to complain the Defendant took his dog, leading both men to start arguing with each other. Plaintiff waived his hands and his face appeared as if he Plaintif was intoxicated. Defendant began to become fearful because he knew that Plaintiff had previously assaulted on of his friends in the past. Defendant told Plaintiff to leave, but Plaintiff motioned towards him aggressively. Thereafter, Defendant punched Plaitiff in the face, which resulted in damage to two of Plaintiff’s teeth. Plaintiff brought suit against Defendant for assault and battery. Defendant asserted a self-defense action against Plaintiff. Following a nonjury trial, the court found in Defendant’s favor.Plaintiff appealed.
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