Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-11


own person with the degree Of
force necessary to resist the at
tack, but he may defend the per
sons of the members of his family
as well. Thus a father may de-
fend son, and a son his father. a
master may also defend his servant
and vice versa the servant his
master.
The right of defens- extends to
property as well. One may defend
the property which he lawfully has
in possession. The property need
not be his own, it is enough that
he has it rightfully within his Gus
tody. Jenkins rented a 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 overdue he i'll
tended to enforce his rights. He
endeavored to take the horse away
from Jenkins by force. Jenkins
resisted with force and succeeded
i'll retaining possession of the horse.
Jewett sued Jenkins for assaultand
battery for his use of force in resist
ing the effort to secure the horse.
The court ruled that Jenkins was
justified in defending the property
rightfully within his possession
and having used no greater force
than necessary il its defense was
not liable to Jewett, whom he had
Ill no way Wronged.
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
not forcibly eject another from his
premises merely because he is
trespasser. The tresposser 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.
If the trespasser has come upon
he premises violently or contrary
to express command of the owner
he may be resisted and elected
without a demand that he depart.
In neither case, however, may
more force than is necessary I've
used for the removal of the tres
passer, else the right of defense will
be exceeded.
There are certain other legal JUS
tifcations for the application Of
force in manner that would other
wise amount to assault and battery.
Certain individuals have authority
over others Of a nature which per
mits the use of a force as a means
Of punishment or coercion. The
parent has the right to give mod
crate chastisement to a minor
child without being guilty of as
sault and battery. So, toO,a guard
ian standing i'll the place of a par
ent, may punish child i'll his care.
An official in charge Of a public in
stitution usually has the right to
enforce his authority by moderate
chastisement. Generally master
has no right to chastise his servant
but the master of ship being II
an unusual position, may enforce
his authority by the use of force
on the persons of his subordinates.
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 unconsciousy in an exposed
or dangerous position, and wht
applies force to that person tt
rescue him is justified. The col
lisions and conflicts which occur
between participants i'll 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, violently and in a manne1
not permitted by the rules, i
amounts to an assault and bat
terry. Prize fights are viewed a:
somewhat exceptional and particl
pants are held guilty of assault ant
battery though both consented.
Some peculiar defenses have
been raised in assault and battery
cases. One is disclosed by the fol
! lowing quotation from the opinion
of California judge; eff a stron}
man has a weak one in his power
and gives his victim the choice o
being kicked or culfed, he Canno
defend the battery on the GrouN
that the injured man consented.
The average person, OF peace
able inclinations, will not go ia
wrong i'll the daily affairs OF life i
: he remembers that force is not t
l be exerted against another ever
S by way of defense except in eli