Smith v. Drew

Steinert, J.—

Plaintiff sought to recover damages upon two causes of action, one for an assault and the other for false arrest and imprisonment following the assault. Separate answers were filed by the defendants. Upon a trial by jury, a verdict was rendered in favor of plaintiff as to the defendant Ebley on the cause of action for assault; in all other respects, the verdict was in favor of all of the defendants. A motion for new trial having been overruled, judgment was entered upon the verdict, from which plaintiff has appealed.

The facts which respondents’ evidence tended to establish may be…