Rodgers v. Bryan

LA PRADE, Justice.

Appeal from a judgment awarding compensatory and punitive damages in favor of plaintiff-appellee against defendants-appellants, for assault and battery.

The Pleadings.

Plaintiff’s complaint charged both defendants, husband and wife, with a malicious assault and battery upon him at a time when he was a business visitor and invitee upon the premises of defendants. The effect of the allegation was that defendants were joint tort feasors. Defendants denied that they or either of them were guilty of the claimed assault; denied the invitee allegation and alleged that plaintiff was a…