Symons v. Van Every

This is an action for damages resulting from an alleged assault and battery. For the purposes of this opinion, it is sufficient to state that the parties to this action resided upon adjoining pieces of property; that the Van Everys objected to what they believed were trespasses upon their property, allegedly committed by Mr. Symons in using a back entrance to his place of residence; that words were exchanged between Mr. Symons and Mr. Van Every, and a fight ensued, during which Van Every allegedly struck and injured Symons and fractured Symons’ jaw in four places. The latter instituted this…