Teolis v. Moscatelli

119 A. 161 (1923)

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Teolis v. Moscatelli

Rhode Island Supreme Court
119 A. 161 (1923)

  • Written by Lauren Petersen, JD

Facts

Moscatelli (defendant) and Teolis (plaintiff) had a dispute over a fence. Teolis challenged Moscatelli to a fight, and Moscatelli accepted. Teolis, Moscatelli, and Neri (defendant) went out into the road. Neri then restrained Teolis while Moscatelli stabbed Teolis with a knife. Teolis sued Moscatelli and Neri for battery. Moscatelli and Neri argued that because Teolis consented to fighting, he was barred from recovering for the injuries that Teolis suffered in that fight. The trial court found for Teolis and awarded him $750 in damages. The defendants moved for a new trial, which the trial court denied. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Rathburn, J.)

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