Niemeyer v. McCarty

This is an action by Ernest B. McCarty against the appellants and the appellee Harry Boesel for damages for assault and battery. There was a trial by jury, and a verdict and judgment against the defendants, for $3,000. The appellee Harry Boeseldid not join in the appeal.

Error is assigned upon the overruling of appellants’ motion for a new trial.

The appellants contend that the evidence fails to show that the defendants acted jointly or that there was concerted action. This contention seems to be based upon the view that, before there could be joint liability, .the defendants “must have done an…