Brooks v. Bergholm

This is an action for assault and battery in which the jury awarded plaintiff Brooks $1,000 general damages and $2,000 punitive damages. Defendant Bergholm appeals, and objects to the admission of certain evidence and the failure of the court to give two requested instructions.

Plaintiff’s wife had formerly been married to the defendant, and Barbara, a child of that marriage, lived with plaintiff and her mother. The altercation occurred when plaintiff and his wife went to defendant’s home to pick up Barbara, who had been visiting her father. An argument developed between Brooks and Bergholm…