Ellsworth v. Watkins

The record in this case clearly demonstrates that the assault and battery on the plaintiffs by the defendant was sudden, unprovoked and brutal, resulting in serious injuries and substantial damage to the plaintiffs. The only question before us is whether there were errors in the trial which affect the verdicts.

The first exception is evidential. The plaintiff Ellsworth and the witness Pasco were allowed to testify that after they had left David at the inn, they heard a scream and Mrs. David saying, “Come back. He is going to kill him.” This testimony was not offered for “the truth of the…