Wilmot v. Bartlett

This is an action of trespass brought by the plaintiff, a boy ten years of age, through his father as next friend, to recover for alleged injuries received by him on September 9, 1913, by being assaulted by the defendant.

The declaration consists of the usual count for assault and battery and the defendant pleaded specially molliter manus imposuit that the plaintiff was trespassing on defendant’s property and stealing grapes, when the defendant caught him and put him out, using only so much force as was necessary in doing so.

The case was tried in the Superior Court before Mr. Justice Doran and…