Ebert v. Macaluso

BOUTALL, Judge.

This case comes before us on appeal from a judgment of the lower court in favor of plaintiff. The action arose out of an assault and battery committed upon plaintiff by the defendant. The defendant contends that the provocative language used by the plaintiff to defendant was the proximate cause that led to the altercation.

Counsel for appellant assigns as error three specifications: 1.) that the Trial Court erred in holding that Macaluso was *356the aggressor; 2.) that the award of Five Thousand Dollars damages was grossly excessive; and 3.) that the Trial Court erred in excluding a…