Rich v. Cooper

This is an action for assault and battery alleged to have been committed by defendant, a police officer, in arresting plaintiff. The jury returned a verdict for defendant. Judgment was entered on the verdict. Upon plaintiff’s motion the trial court granted'a new trial on the ground that the court erred in instructing the jury that plaintiff’s character, reputation and habit for turbulence and aggressiveness could be considered *303on the question of whether plaintiff forcibly resisted defendant’s efforts to arrest him. Defendant appeals from the order granting a new trial.

The facts are as…