Roberson v. Woodfork

*207Opinion op the Court by

vVilliam Rogers Clay, Commissioner

Reversing.

McKinley Woodfork, suing by bis next friend, Ed. Thomas, brought this action against defendant, Elias Roberson, to recover damages for assault and battery. The defendant, after denying the allegations in the petition, pleaded that he struck plaintiff in necessary defense of his granddaughter, who, at the time, was being assaulted by plaintiff. He also pleaded a settlement. The case was submitted to a jury, which returned a verdict in favor of plaintiff for $775. The defendant appeals.

Briefly stated, the evidence for plaintiff…