McMasters v. Cohen

Trespass by McMasters against Cohen for an assault and battery. Two counts. Pleas, the general issue, son assault, and leave and license, to the first count. Similar pleas to the second count. Replication to the one • class of pleas, that the battery was excessive; to the other, denying the license. The cause was submitted to a jury. Verdict and judgment for Cohen.

There are two bills of exception taken by McMasters: one to the admission of certain evidence; the other to the instructions of the Court.

The question on the evidence arises thus. Cohen, understanding that McMasters had threatened…