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Haeussler v. De Loretto

Court of Appeal of California

240 P.2d 654 (1952)

Relevant factsFree

Haeussler (plaintiff) went to neighbor De Loretto's (defendant) house at night looking for his missing dog, which ran out when De Loretto opened the door. An argument broke out; Haeussler appeared agitated and possibly intoxicated, and De Loretto — aware Haeussler had assaulted a friend before — grew afraid and ordered him to leave. When Haeussler moved toward him aggressively, De Loretto punched him in the face, breaking two teeth. Haeussler sued for assault and battery, De Loretto pleaded self-defense, and after a bench trial the court ruled for De Loretto.

IssueFree

Whether a defendant's use of reasonable force in self-defense shields him from liability for a claim of assault and battery.

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