Gissendanner v. Temples

GARDNER, Justice.

Action of trespass for assault and battery. There was verdict for defendant, and on motion of plaintiff a new trial was granted, from which ruling defendant prosecutes this appeal.

The trial court entertained the view error was committed in the refusal of charges 3 and 4, requested by plaintiff, and places liis ruling thereon, though in this court other grounds of the motion may also be considered in justification of his action. Conner v. Central of Georgia R. R. Co., 221 Ala. 358, 128 So. 789. But there is here no occasion to consider grounds other than those designated by…