Oller v. Hicks

BERRY, Justice.

Plaintiff in error, defendant in the trial court, has appealed from a judgment entered upon a jury verdict for defendant in error, plaintiff below, in an action brought to recover damages for assault.

Plaintiff, a 55 year old bulldozer operator, had some physical impairment of the right hand, and was required to wear glasses for all activities. Defendant, a land and cattle dealer, was 59 years of age and slightly larger than plaintiff. The parties were brothers-in-law, but had not spoken for several years. The relevant facts, as determined by the jury from extensive, highly…