Burdett v. Hipp

.LAWSON, Justice.

This is an action for assault and battery alleged to have been committed by the defendant, Hipp, on the plaintiff, Burdett. There was a verdict in favor of defendant. Judgment was in accord with the verdict. Plaintiff’s motion for new trial having been overruled, he has appealed to this court.

The cause went to the jury on two counts of the complaint and the defendant’s plea of the general issue. It is undisputed in the evidence that plaintiff received a knife wound during the afternoon of September 30, 1945. Plaintiff testified that he was cut by defendant during an argument…