HAEUSSLER V. DE LORETTO
240 P.2d 654 (1952)
NATURE OF THE CASE: Haeussler (P) appealed a judgment for De Loretto (D) in P's suit for
damages from an assault and battery.
FACTS: P went to the home of D, a neighbor, to inquire about his dog which was missing
and which frequently had gone to D's home. When D, in response to P's knock, opened the
door, the dog ran out from inside the house. This angered P who immediately started talking
in a loud tone of voice, told D he did not want D or his wife to feed the dog or keep it at
their house. P kept 'waving his hands and was very upset and animated. D had asked him to go
three times, and P kept waving his hands, I thought he was going to strike me, and I struck
him or pushed him, and I went in and closed the door.' P called the police but no arrest was
made nor was any criminal action had. The trial court found P started the argument and D
merely used reasonable force to get P to leave his premises but only after P advanced
threateningly. D got the verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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