Jahner v. Jacob

SAND, Judge.

This is an appeal by defendant Valentine Jacob from a judgment for damages in favor of the plaintiff, Estate of Mathias Jahner, rendered by the district court of Emmons County in a trial without jury for injuries sustained as a result of a civil battery by Jacob upon Jahner. Previously, a criminal action arising out of the same situation was appealed and decided by this Court in State v. Jacob, 222 N.W.2d 586 (N.D.1974).

Jacob contends that a new trial should be granted on eight grounds, which will be stated in the discussions following.

The basic, uncontested facts may be…