Mercer v. Corbin

Elliott, C. J. —

The single count of the complaint charges that the appellant “assaulted, beat and wounded the plaintiff.” The answer is the general denial. The issue presented for trial, therefore,-was, did the appellant commit an assault and battery upon the person of the appellee?

The material facts embodied in the special verdict may be thus summarized : On the afternoon of the 10th day of May, 1884, the appellee was standing on a public sidewalk in the town of Rochester. He was standing near the outer edge of the pavement, facing the northeast, and the appellant, coming from the west, rode…