February 19, 2016

Hart v. Geysel | Case Brief | 159 Wash. 632, 294 P. 570 (1930) - Supreme Court of Washington

FACTS: Cartwright and Geysel engaged in a prize fight during which Cartwright received a blow from which he died.  The combat was not engaged w/ in anger, no malicious intent to seriously injure or excessive force.

ISSUE: Can an action be maintained for wrongful death when the encounter, though unlawful, was entered into w/ the consent of both parties?

HOLDING: No

RATIONALE: "To enforce the criminal statute against prize fighting it is not necessary to reward the one that got the worst of the encounter at the expense of the more fortunate opponent." (101)

DISPOSITION: Judgement affirmed.