Stivers v. Baker
Court of Appeals of Kentucky
Case 78 — PETITION ORDINARY APPEAL PROM HARDIN CIRCUIT COURT. A petition averring that defendant “ assaulted plaintiff while under arrest, and did thereby so excite him as to cause permanent injury to his health,” is good on demurrer. A petition charging an assault, without allegation of the manner of the assault, is not good either at common law or under the statute.
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Case 78 — PETITION ORDINARY APPEAL PROM HARDIN CIRCUIT COURT. A petition averring that defendant “ assaulted plaintiff while under arrest, and did thereby so excite him as to cause permanent injury to his health,” is good on demurrer. A petition charging an assault, without allegation of the manner of the assault, is not good either at common law or under the statute. (2 Greenleaf on Evidence, sec. 82; Ohitty on Pleading, page 852; Huffaker v. Bank of Montieello, 12 Bush, 287; Hill v. Barnett, 14 B. M., 83; Pomeroy on’ Pleading, sec. 135; Kountz v. Brown, 16 B. M., 584; 7 Bush, 532; 9 Bush,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The petition avers that the appellees did “unlawfully, and without right or cause, with force and arms set upon and assault him (the appellant), while under arrest, and did thereby put him in great fear, and heap upon him great shame and indignity, and other injuries then and there did him, whereby he was damaged in the sum of fifty thousand dollars.” This amounts to nothing more than a statement that they unlawfully assaulted him.
*509Is the petition sufficient?
Section 90 of the Civil Code provides, that it “must state facets which constitute a cause…
2Cases cited1 opinion
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
3Cited by10 opinions
- Yager's Adm'r v. President of Bank of KentuckyCourt of Appeals of Kentucky · 1907
- McGlone v. HaugerIndiana Court of Appeals · 1914
- Reed v. MaleyCourt of Appeals of Kentucky · 1903
- Hendrix v. Manhattan Beach Development Co. & MarshallAppellate Division of the Supreme Court of the State of New York · 1917
- Spacey v. CloseCourt of Appeals of Kentucky · 1919
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