Legal Opinion

Mills v. Warner

Michigan Supreme Court

Decided December 8, 1911No. Docket No. 82PublishedCited by 8 opinions

Error to Kent; McDonald, J. Case by Ephraim E. Mills against Charles Warner for an assault and battery. A judgment for plaintiff for less than the amount claimed is reviewed by plaintiff on writ of error.

1Opinion of the CourtStone, J.

This is an action of trespass to recover damages for an assault and battery alleged to have been committed by the defendant upon the plaintiff on the 9th day of November, 1908. The plaintiff was at the time upwards of 70 years of age, and the defendant was about 40 years of age.

It was the claim of the plaintiff that on the day in question he went upon the farm of one Mrs. Tiffany for the purpose of doing some work for her, and that he there met the defendant, who was also employed on said farm, working a portion of the same on shares. An altercation took *621place between the parties, the…

2Cases cited3 opinions

  1. Johnson v. McKeeMichigan Supreme Court · 1873
  2. Breitenbach v. TrowbridgeMichigan Supreme Court · 1887
  3. Millard v. TruaxMichigan Supreme Court · 1891

3Cited by8 opinions

  1. People v. DellabondaMichigan Supreme Court · 1933
  2. People v. RoseMichigan Supreme Court · 1934
  3. People v. WrightMichigan Supreme Court · 1946
  4. People v. EllerhorstMichigan Court of Appeals · 1968
  5. People v. Thomas SmithMichigan Supreme Court · 1972

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