Fleming ex rel. Fleming v. Loughren

Sherwin, J.—

The petition alleges that the defendant “ willfully and wantonly made a vicious and brutal assault upon the plaintiff,” inflicting serious physical injury, and causing great “ mental and physical pain.” The answer was a general and specific denial, and contained the averment that John Fleming assaulted the defendant with a club, and that whatever injury said Fleming may have received at the time was received when the defendant was disarming him.

*519i. Assault and strucüon. *n" *518In its sixth instruction the court told the jury that two *519kinds of damages might be allowed if it found for…