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TEOLIS V. MOSCATELLI, Supreme Ct. of RI, 1923, 119 A. 161

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TEOLIS V. MOSCATELLI, Supreme Ct. of RI, 1923, 119 A. 161 Powered By Docstoc
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TEOLIS V. MOSCATELLI, Supreme Ct. of RI, 1923, 119 A. 161 History: Trial in Superior Court found verdict for Plaintiff for $750; Trial Court denied Defendant’s motion for a new trial; Defendant appealed Facts: Teolis accepted a challenge from Moscatelli to go into the highway and fight; Teolis took off his coat and was stabbed by Moscatelli Issue(s): Whether consenting to a fight bars recovery for assault. Holding: Defendants exceptions overruled; case remitted to Superior Court w/direction to enter judgment on the verdict Analysis: Consent is not a defense in a case of mutual combat