Gaither v. Blowers
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. This was an action of trespass vi et armis, brought by the appellee against the appellant, to recover damages for an assault and battery. The declaration contains three counts.
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Appeal from the Circuit Court for Howard county. This was an action of trespass vi et armis, brought by the appellee against the appellant, to recover damages for an assault and battery. The declaration contains three counts. Tile first charges, that the defendant, on the 15th of August 1855, made an assault upon the plaintiff', and beat, bruised, wounded, and ill-treated him, and discharged at him a gun loaded with slugs and bullets, and thereby struck and wounded him in such a grievous manner that he became lame, sick, disabled and disordered for a long time, and was thereby rendered…
1Opinion of the Court
The following opinions were delivered in the case.
Le Grand, G. J.-
This is an action of assault and battery, brought by the appellee against the appellant. The pleas were “not guilty and “son assault demesne;” the replication to the second plea was “de injuria et cetera.”
The plaintiff gave evidence of the battery complained of, *551which was, the shooting of hitn by the defendant, in the shoulder and neck, and partially disabling him in the use of the left arm for life, and otherwise injuring him. Whereupon the defendant offered to prove by a Mr. Shields, that in June 1855, the plaintiff told him…
2Cases cited1 opinion
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
3Cited by22 opinions
- Hamilton v. Ford Motor Credit Co.Court of Special Appeals of Maryland · 1986
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Sloan v. EdwardsCourt of Appeals of Maryland · 1883
- Heinze v. MurphyCourt of Appeals of Maryland · 1942
- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
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