Evans v. Gaisford

CROCKETT, Justice.

Defendant, A. Frank Gaisford, rushed out of a drug store entrance on Main Street of American Fork, assaulted and beat plaintiff in the face and about the head with his fists, meanwhile angrily calling him bad names. Plaintiff did not attempt to strike back nor retaliate in any way except to avoid being hit. His glasses were knocked off and he suffered some severe blows. The affray naturally attracted the attention of others, including the mayor, the clerks and customers of the drug store, and a peace officer.

A jury awarded plaintiff $500 special damages, $500 general…