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OSTERTAG v. LA MONT

No. 8983.

9 Utah 2d 130 (1959)

339 P.2d 1022

LUDWIG OSTERTAG, PLAINTIFF AND RESPONDENT, v. DUNCAN G. LA MONT, DEFENDANT AND APPELLANT. DAVID LA MONT, A MINOR, BY MARJORIE LA-MONT, HIS GUARDIAN AD LITEM, PLAINTIFF AND APPELLANT, v. LUDWIG OSTERTAG, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

May 28, 1959.

Attorney(s) appearing for the Case

E.L. Schoenhals, Salt Lake City, for appellant.

Child, Spafford & Young, Salt Lake City, for respondent.

CROCKETT, Chief Justice.

This case involves two actions for assault and battery. Ludwig Ostertag sued Duncan LaMont; and David LaMont, the latter's 15-year old son, sued Ludwig Ostertag. The cases arose out of a neighborhood altercation precipitated by the misbehavior of David and three other teenage boys in teasing and annoying Mr. Ostertag, a German immigrant who speaks little English, and who was finally provoked to take some measures in self defense.

The...

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