Rooks v. . Bruce

Tbis is an action to recover damages for injuries alleged to bave been inflicted by an unlawful and willful assault upon tbe plaintiff by tbe defendants.. Tbe appellant assigns as error tbe granting of a motion for judgment as in case of nonsuit as to tbe defendant Morebead, lodged wben tbe plaintiff introduced ber evidence and rested ber case. C. S., 567. Tbis assignment of error cannot be sustained. Tbe plaintiff in ber own testimony says : “Morebead did not curse or abuse me at all. Tbe only thing Morebead did was to take bold of Dr. Bruce. . . . Morebead didn’t .scare me.”

Tbe appellant…