Cooney v. Burke

The action below was brought to recover damages for an assault and battery charged to have been committed by the defendants upon the person of the plaintiff. When the evidence had all been submitted, the court being of opinion that- it was insufficient to warrant a verdict against the defendant Patrick Burke, Jr., *259directed the jury to find in his favor, which they did. And this is the principal error complained of.

The evidence shows that the elder Patrick Burke, as the absolute perpetrator, or principal in the first degree, committed a grievous battery upon the person of the plaintiff, by…