Kirby v. Foster

Kirby (plaintiff), a bookkeeper for the Providence Warehouse Co. managed by Foster (defendant), had $50 improperly deducted from his pay after money went missing from the company, a deduction he disputed and retained counsel to challenge. When Foster later handed Kirby money to pay other employees, Kirby, on his attorney's advice, deducted his own owed pay - including the disputed $50 - before returning the remaining balance to Foster; Foster then physically seized Kirby and struggled with him to retake the money, injuring Kirby, who sued for damages and won a jury verdict that Foster appealed, arguing his use of force was justified to recapture the money.