Lovelace v. Miller
Supreme Court of Alabama
Appeal from Escambia. Circuit Court. Heard before the Hon. J. O. Richardson. Action by Dewitt Lovelace against Henry Miller and another. Judgment for clefeiidant, and plaintiff appeals.
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Appeal from Escambia. Circuit Court. Heard before the Hon. J. O. Richardson. Action by Dewitt Lovelace against Henry Miller and another. Judgment for clefeiidant, and plaintiff appeals. The plaintiff requested the following written charges, which were refused .by the court: “(1) The coxxrt charges.you, gentlenien of the jury, that, if you believe the evidence in this case, you must find for the plaintiff as against the defendant T. R. Miller for the actual damages plaintiff-has sustained. (2) The court charges the jury that if the proof reasonably satifies the jury that one of the defendants…
1Opinion of the CourtDenson, J.
This action sounds in damages for an .-assault and battery alleged to have been committed by the defendants on the person of the plaintiff. The plaintiff, being a minor, prosecutes the suit, in the name nf a next friend. The cause was' tried on the plea of the general issue; the trial resulting in a verdict and judgment- for the defendants. From the judgment, plaintiff took this appeal. There are several grounds in the assignment of errors, but. we deem it unnecessary to dis-ciiss them seriatim, as there are two general propositions of law, a discussion of which we think, will show the errors…
2Cases cited9 opinions
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