Lentine v. McAvoy

The plaintiff seeks to recover damages against the defendant, a policeman of New Haven, for a wanton and malicious battery committed upon the plaintiff. He offered evidence tending to prove that the battery occurred without provocation on his part and immediately after the battery he was placed by defendant under arrest.

The defendant officer offered evidence tending to prove that plaintiff remonstrated with him as to the performance of his duty, that as a consequence a crowd gathered; that the plaintiff, who remained on the outskirts of the crowd, made faces at the officer and uttered…