Davison v. Diamond Match Co.

This appeal arose out of a cause of action for an assault and battery. The plaintiff originally set forth two causes of action, one for an assault and the second for maliciously obstructing a certain roadway, whereby plaintiff had ingress and egress to and from his ranch.

At the conclusion of plaintiff’s case a nonsuit was granted as to the second cause of action. Upon submission of the cause, a jury, on the first cause of action, alleging assault and battery by defendant Pitkin, maliciously brought about by the direction of defendants, The Diamond Match Company, a corporation, Richard A.…