This section contains the nature of the case and procedural background.

Geysel (D) and the deceased, Cartwright, (represented by Hart the administrator (P)) engaged each other in a prize fight. There was no anger nor any intent to cause injury nor was there malicious intent to injure, and they both consented to the fight. P was killed. P the administer of the estate took an action in tort. Each of the defendants interposed a demurrer which was sustained. P refused to plead further, and a judgment was entered dismissing the complaint. P appealed.

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