Louisville Railway Company v. Kramer

Opinion ' on the Court by

Judge McCandless—

Affirming.

In an action for assault and battery, Charles Kramer recovered a judgment for $750 against the Louisville Railway Company, and the latter appeals.

The defendant pleaded son assault demesne, and the first ground relied upon for reversal is that the court erroneously awarded the burden of proof and the concluding argument to the plaintiff. There would be much force in the argument if the defendant had expressly admitted the assault as alleged, or failed to deny it, or even had so formed its denial as to constructively admit it. Shirley v.…