Genereux v. Parker

This is an action of trespass for assault and for quare clausam fregit. The plaintiff, acting sui juris, commenced the action with the isshance of a writ of summons on July 29, 1963,'more than a year after he had been judicially determined tó be legally incohipetent. See State v. Genereux, 95 R. I. 292, 186 A.2d 738, and Department of Social Welfare v. Genereux, 98 R. I. 334, 201 A.2d 914.

*605In addition to pléading the general issue, defendants in their answer pleaded specially, averring justification. They did not challenge plaintiff’s capacity to sue and he seasonably filed a replication,…