Lane v. Holloway
England and Wales Court of Appeal
3 All ER 129 (1967)
- Written by Brian Meadors, JD
Facts
Lane (plaintiff) was a 64-year-old man who lived behind a café run by Holloway (defendant), a 23-year-old man. Lane would complain about the café’s noise and rowdy customers, and there was tension between Lane and Holloway. Late one night, Lane was talking with his neighbor. Holloway’s wife could hear them, and she called out, “You bloody lot.” Lane replied, “Shut up, you monkey-faced tart.” Then Holloway said, “What did you say to my wife?” Lane twice repeated his monkey-faced tart insult. Lane then said, “I want to see you on my own,” implying that Lane was challenging Holloway to a fight. Holloway came out in his pajamas and confronted Lane. Lane, worried that Holloway might strike him, struck Holloway first. After Lane threw the first punch, Holloway said, “You hit me first,” and punched back. The punch was so severe that Lane was in the hospital for a month and needed surgery. Lane sued Holloway for damages. The trial court found that Holloway struck too hard, but it reduced the damages from £300 to £75 because Lane provoked the fight and threw the first punch. Lane appealed.
Rule of Law
Issue
Holding and Reasoning (Denning, J.)
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