Penn v. Henderson

This is an action for assault and battery. There was a verdict and judgment for the defendant and the plaintiff appeals. The complaint alleges that the defendant maliciously broke the plaintiff’s jaw by striking it with his fist, thereby causing serious and permanent injuries and certain special damages. The defendant in his answer admits that he struck the plaintiff, but denies the alleged resulting injuries and damage.

As a first, separate defense, the defendant alleges that he was the owner and in lawful possession of a restaurant; that the plaintiff entered the same and conducted himself…