Merrill Ex Rel. Merrill v. Faltin

OPINION

Before NESBETT, C. J., and DIMOND and RABINOWITZ, JJ. DIMOND, Justice.

Appellee hit appellant with his fist and broke appellant’s jaw. Appellant brought this action for damages and the jury returned a verdict in appellee’s favor. On this appeal appellant contends that several errors committed by the trial court call for a new trial.

Amendment of Answer

Appellant’s counsel interrupted appellee’s counsel’s opening statement to the jury in order to object to the latter making any reference to self-defense to the alleged assault and battery. The ground for the objection was that self-defense…