Lutlopp v. Heckmann

The opinion of the court was delivered by

Hundrickson, J.

This writ brings up for review a judgment upon a postea from the Hudson Circuit. The action is in tort for assault and battery. The alleged error complained of arises out of the charge of the trial judge. The exception that was sealed was taken to this part of the charge, to wit, “The result is that in either case the defendant made an assault upon the plaintiff, and it is therefore your duty, upon either interpretation of the facts, to return some verdict for the plaintiff.” The defendant's contention is that but for this practical…