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

P and D got into a dispute over a division fence. P accepted the challenge of D to go into the highway and fight. After proceeding to the highway P removed his coat and was immediately stabbed with a knife by D. P sued D for trespass and assault and battery. P testified that defendant Neri (D) held him and told D to 'give it to him.' Ds claimed that P having agreed to fight consented to the assault and that consent is a bar to recovery. P got the verdict. The trial judge refused to direct a verdict for Ds and denied Ds' motion for a new trial. Ds appealed.

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