Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-07-11
Popular Talks on Law
BY X. TOWERS, A b. }. D., BAR

his father. A master may also de-
fend his servant and vice versa the
servant his master
The right of defense extends to
property as we'll One may defend the
property which he lawfully has in his
possession The property need not be
his own, it is enough that he has it
rightfully within his custody. Jenkins
rented horse from Dale'S livery.
While riding on the horse JeWett
stopped him and demanded the horse.
| Jewett was a creditor of Dale's and
said that the debt being long over
due he intended to eenfOrce his
rights. He endeavOred to take the
horse away from Jenkins by force.
Jenkins resisted with force and sue
ceeded in retaining possession Of
| the horse. JeWett sued jenkins for
assault and battery for his use of
force in resisting the effort to Sc
cure the horse. The court ruled that
Jenkins was justified in defending
the property rightfully within his
possession and having used 10 great
er force than necessary in its de-
Tense was not liable to Jewett, whom
| ne had in no way wronSed.
| In defending ones own premises
| from invasion there are certain re-
quirements if the right of self de-
tense is to be exercised. One may
premises merely because he is a
treSpasser. The trespaSSer must first
be ordered to depart, and only in
the event that he refuses may force
be used to eject him. The trespasser
must first be given the opportunity
to depart peaceably. Ii the trespaS
contrary to express command of the
iOWner he may be resisted and eject
ed without a demand that he depart.
In neither case, however, may more
force than is necessary be used for
the removal of the trespasSer, else
the right of defense will be exceed
ed
There are cretain other legal JUS
tifications for the application of force
in manner that would otherwise
amount to assault and battery. Ger
tain individuals have authority over
others of a nature which permits the
use of force as a means of pun
ishment or coercion. The parent has
the right to give moderate chastlse-
ment to a minor child without being
guilty of assault and battery. So,
too, a guardian standing in the place
Of a parent, may punish a child in
his care. An official i'll charge of
Ipublic institution usually has the
right to enforce his authority by
moderate chastisement Generally a
master has no right to chaStise his
servant, but the master of a ship,
being in an unusual position, may
enforce his authority by the use of
force on the persons of his subor-
dinates
One is Justified in applying force
to one who is engaged in criminal
conduct, for the purpose of deter
ing him. One who notices another
who is unconsciously in an exposed
or dangerous position, and who APP
plies force to that person to rescue
him is justified. The collisions and
conflicts which occur between parti
cipants in the course of various
games are not generally viewed as
assaults and batteries If a player
goes beyond the rules Of the game
and checks or strikes another, VIC
lently and in a manner not permit
ted by the rules, it amounts to an
assault and battery. Prize fights are
viewed as somewhat exceptional and
participants are held guilty of as
sault and battery though both con
scented.
Some peculiar defenses have been
raised in assault and battery cases.
One is disclosed by the following
quotation from the opinion of a Cal
ifornia Judge: eff a strong man has
a weak one in his power, and gives
his victim the choice of being kicked
or cuffed, he cannot defend the bat
terry on the ground that the injured
man consented"
The average person, Of peaceable
inclinations, will not go far wrong
i'm the daily affairs of life if he re-
members that force is nbt to be
exerted against another even by way
of defense except in circumstances
Of obvious necessity.
| Copyright, 1913, by Walter K. Towers
Library Hours, July and August