Picow v. Baldwin

UDALL, Justice.

This is an appeal by. plaintiff-appellant Charles Picow: from a judgment entered after an instructed verdict in favor of defendant-appellee, Clarence. E. “Teak” Baldwin, and from a denial of plaintiff’s motion for a new trial. We shall refer to these parties as plaintiff and defendant.

Plaintiff’s complaint stated a claim for relief for an assault alleged to have been committed upon him by defendants Baldwin, John Doe, and Richard Roe. The fictitious defendants were subsequently identified as Jack B. Bradshaw and Bud E. Linderman, but were never served with summons nor did they…