Cunningham v. Reagan

COIL, Commissioner.

P. H. Cunningham, plaintiff-appellant, claimed $15,000 actual damages for an assault and battery which he alleged was committed upon him by defendant-respondent Reagan. There was' a defendant’s verdict and plaintiff has appealed from the ensuing judgment contending, inter alia, that the trial court erred in failing to direct a verdict for plaintiff on the issue of liability. We think that contention must be sustained. We shall hereinafter refer to the parties as they were designated in the trial court. Defendant has not filed a brief.

Plaintiff and defendant had executed a…