Kresse v. Bennett

Opinion by

Mr. Justice McWilliams.

Myrtle Bennett (age 76) brought suit against her neighbor, Lucy Kresse (age over 80), alleging that Lucy unlawfully, maliciously, and with both willfulness and wantonness assaulted her with “fists and stones” and on the same occasion also damaged her automobile to the extent of $50.00 by striking it with stones. As a result of this assault Myrtle claimed that she suffered “shock and contusions and abrasions about the head [and] body” and incurred medical expense in the amount of $15 in connection with the treatment of her several wounds. She accordingly prayed…