Kerwich v. Steelman
Supreme Court of Georgia
Presumptions. Trespass vi et armis. Justification. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. The facts are in the opinion.
1Opinion of the Court
Lochrane, Chief Justice.
1. This case comes before the Court on motion for a new trial upon the ground of error in the charge of the Judge.
The case originated in personal injuries done by Kerwich to one James H. Steelman, for which an action of vi et armis was instituted. The defendant pleaded the general issue, and the case was submitted to the jury. The evidence of the transaction was admitted, and the whole case, upon the proof, was presented to the jury. The error complained of is upon the charge of the Judge on the question of justification. The Judge said: “ The Court instructs you the…
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