McCottrell v. Benson

HOFFMAN, PRESIDING JUSTICE.

This is an appeal by the defendant from a judgment against him based upon a jury’s verdict in a personal injury suit.

The plaintiff and defendant were neighbors, and a dispute arose between them concerning the cutting of a tree on the property line between them. In the ensuing argument, defendant shot plaintiff. It was for the injuries plaintiff received that this suit was brought.

After the incident, a criminal complaint was sworn out against the plaintiff, charging Mm with assault upon the defendant. Plaintiff was found guilty by a justice of the peace, but upon…