Byers v. Horner
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. This was an action of trespass, instituted on the 7th day of July, 1875, by Benjamin W. Byers against Geo. W. Horner, to recover damages for an assault and battery committed by Horner on Byers. The declaration alleged that the defendant committed the assault with clubs, sticks, &c., inflicting great bodily damage.
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Appeal from the Circuit Court for Carroll County. This was an action of trespass, instituted on the 7th day of July, 1875, by Benjamin W. Byers against Geo. W. Horner, to recover damages for an assault and battery committed by Horner on Byers. The declaration alleged that the defendant committed the assault with clubs, sticks, &c., inflicting great bodily damage. The defendant pleaded three pleas : 1st, did not commit the wrong alleged. 2nd and 3rd, that the said assault was committed in defence of his daughter. Issues were joined upon these pleas. Plaintiff’s Exceptions. — 1st. At the trial…
1Opinion of the CourtAlvey, J.
This is an action of trespass for an assault and battery. The defendant pleaded three pleas : 1st. That he did not commit the wrong' alleged ; and 2nd and 3rd. That the assault and battery complained of were committed in defence of his daughters.
As to the second and third pleas, all questions raised thereon may be laid out of the case, as the Court below, in granting the third and fourth prayers of the plaintiff, instructed the jury that there was no sufficient evidence before them to maintain either of said pleas, and as the present appeal is taken hy the plaintiff, the question as to the…
2Cases cited4 opinions
- Gaither v. BlowersCourt of Appeals of Maryland · 1857
- Pegg v. WarfordCourt of Appeals of Maryland · 1855
- Carroll v. RidgawayCourt of Appeals of Maryland · 1855
- Shafer v. SmithCourt of Appeals of Maryland · 1826
3Cited by10 opinions
- Murphy v. StateCourt of Appeals of Maryland · 1913
- Baltimore & Ohio Railroad v. BargerCourt of Appeals of Maryland · 1894
- Blumhardt v. RohrCourt of Appeals of Maryland · 1889
- Struth v. DeckerCourt of Appeals of Maryland · 1905
- Pentz v. Pennsylvania Fire InsuranceCourt of Appeals of Maryland · 1901
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