Baldinger v. Consolidated Mutual Insurance

The judgment sued upon was rendered in an action for damages for assault and battery by the infant plaintiff and by her father, against one Allan Banks, an infant six years of age. The judgment was based upon findings that Allan Banks " intended to force the infant plaintiff to leave the place where she was standing, .and did in fact intend an offensive contact for the purpose of forcing her to leave said place ”, but that Allan Banks “ did not intend to cause injury to the infant plaintiff.” However, the infant plaintiff did sustain, among other injuries, a fractured elbow. Allan Banks was…