Dingle v. Hickman

Superior Court of Delaware

Dingle v. Hickman

119 A. 311, 32 Del. 49, 2 W.W. Harr. 49, 1922 Del. LEXIS 33

CourtSuperior Court of Delaware

DecidedApril 11, 1922

DocketNo. 3

StatusPublished

Cited by2 cases

This text of 119 A. 311 (Dingle v. Hickman) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dingle v. Hickman, 119 A. 311, 32 Del. 49, 2 W.W. Harr. 49, 1922 Del. LEXIS 33 (Del. Ct. App. 1922).

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Opinion

Rice, J.:

We have given this matter such consideration as was possible in the brief time at our disposal, and we think there is no question but that the usual rule that the general reputation of a party to a civil action cannot be proved, is recognized in this state; but we also believe that by the general weight of authority there are certain exceptions to this general rule. One of the exceptions is where, as in an action of this kind, the defendant relies on self-defense. In such cases we think the great weight of authority in this country holds that evidence of the violent character of the plaintiff, when known to the defendant at the time of the assault, is admissible. We, therefore, overrule the objection.

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Rice, J.:

We have given this matter such consideration as was possible in the brief time at our disposal, and we think there is no question but that the usual rule that the general reputation of a party to a civil action cannot be proved, is recognized in this state; but we also believe that by the general weight of authority there are certain exceptions to this general rule. One of the exceptions is where, as in an action of this kind, the defendant relies on self-defense. In such cases we think the great weight of authority in this country holds that evidence of the violent character of the plaintiff, when known to the defendant at the time of the assault, is admissible. We, therefore, overrule the objection.

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Bluebook (online)

119 A. 311, 32 Del. 49, 2 W.W. Harr. 49, 1922 Del. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dingle-v-hickman-delsuperct-1922.

Opinion

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