Superior Court of Delaware, 1922

Dingle v. Hickman

Dingle v. Hickman
Superior Court of Delaware · Decided April 11, 1922 · Rice
32 Del. 49; 2 W.W. Harr. 49; 119 A. 311; 1922 Del. LEXIS 33

Counsel

Daniel J. Layton for plaintiff., James M. Tunnell for defendant.

Dingle v. Hickman

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.