Cook v. Doud
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Dependant, Cook, sent word to plaintiff, Doud, that a party wished to speak with him at a certain hotel in the city. Plaintiff repaired to the place appointed and was immediately assaulted by defendant, in the presence of ■ several by-standers, with a raw-hide riding-whip, receiving blows upon the head, shoulders, face and back. Plaintiff clinched with defendant.
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Appeal from District Court of Arapahoe County. Dependant, Cook, sent word to plaintiff, Doud, that a party wished to speak with him at a certain hotel in the city. Plaintiff repaired to the place appointed and was immediately assaulted by defendant, in the presence of ■ several by-standers, with a raw-hide riding-whip, receiving blows upon the head, shoulders, face and back. Plaintiff clinched with defendant. A short struggle ensued, when plaintiff was thrown to the floor and there held by defendant until others interfered and put an end to the affray. It is unnecessary to embody anything…
1Opinion of the CourtChief Justice Helm
The present action is for damages growing out of an assault and battery. The case was tried to a jury, and a verdict was returned in favor of plaintiff for the sum of $200. Upon motion for a new trial this verdict was set *487aside, and thereupon defendant prosecuted the present appeal under the statute of 1885, no longer in force.
At the trial the court below excluded all evidence offered to show antecedent business • transactions between plaintiff and defendant. Notwithstanding this ruling,' however, counsel for defendant, in his address, repeatedly referred to these transactions, and endeavored…
2Cases cited2 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Powers v. MitchellSupreme Judicial Court of Maine · 1885
3Cited by9 opinions
- Cranford v. O'SheaWashington Supreme Court · 1913
- Jordan v. PeopleSupreme Court of Colorado · 1894
- O'Brien v. PeopleSupreme Court of Colorado · 1892
- Bradley v. KrogenNorth Dakota Supreme Court · 1936
- Adams Express Co. v. AldridgeColorado Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.