Powers v. Sturtevant

This is an action of tort for an alleged assault. There was a verdict for the plaintiff and the case is here on exceptions by the defendant to the refusal of the presiding judge to give certain instructions that were requested and to certain instructions that were given. Exceptions were also taken to the exclusion of certain evidence, but they have not been argued, probably for the reason that testimony to the same effect was subsequently admitted, and we therefore treat them as waived.

The defendant was a constable of the city of Somerville and attempted to justify the alleged assault as an…