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3 N.C. 102

Barry v. Ingles

Superior Court of North Carolina

Decided April 15, 1799

Superior Court of North Carolina · decided 1799-04-15

<p>ACTION for assault and battery.</p>

Decided 1799-04-15

Etper Moore, Judge.

¶1Any immediate provocation giveir to the defendants may be shewn in evidence to mitigate damages ; but any remote provocation shall not, for then we should have to go into quarrels and disputes that existed perhaps for years before the fighting : such should not be considered as sti-inulating the defendants to fall upon the plaintiff at so late a period, after there was time for the passions to cool and for the parties to reflect.

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