Triggs v. George

The main and we may say the only error complained of by defendant and appellant on this appeal, is that the trial judge erroneously permitted proof to be adduced of a fact said not to have been , alleged in plaintiff’s petition.

The demand of plaintiff is for damages alleged to have been caused by an assault and battery committed by the defendant upon plaintiff. The petition alleges that Moses George, ¡the defendant, without cause or provocation, maliciously assaulted petitioner “by violently beating and striking him on his right arm with a piece of wood or heavy stick, resulting in the…