M'ilvoy v. Cockran,2 A.K. Marsh. 271 (1820) | Law School Case Brief Summary

Nature of the Case

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Facts

Cockran (P) entered M'Ilvoy's (D) land and tore down a fence. D used significant force in expelling P, wounding him severely. P sued for damages resulting from the shooting. The Court refused to instruct the jury that D was justified in his act. Trial Court ruled in favor of P. D appealed based on improper jury instructions.