Bradner v. Mitchell

The controlling question in this appeal from a plaintiffs judgment in a civil assault-and-battery case is whether the court erred in refusing to set aside the jury verdict on the ground of inadequacy of damages. Because the plaintiff prevailed on the issue of liability, the facts will be summarized in the light most favorable to him.

On June 24, 1978, Silas W. Bradner was a guest at an outdoor barbecue and picnic held on a farm in Franklin County. James D. Mitchell, Sr., a fellow guest, told others present of a grievance he had against Bradner, saying, “I’ll kill the son-of-a-bitch.” Later,…