Johnson v. Ish

Action in the district court for Douglas county to recover damages sustained by the plaintiff from an assault and battery alleged to have been committed upon him by the defendant. The plaintiff had a verdict for $1,000. The court required him to remit therefrom the sum of $400. A remittitur was filed, and the court thereupon rendered a judgment for the plaintiff for $600 and costs. The defendant has appealed.

Defendant contends that the court erred in giving instruction numbered 7, which reads ás follows: “Plaintiff claimed that the defendant assaulted him maliciously. The law infers malice…