Tucker v. Thompson

GOODWYN, Justice.

Appellant brought action in the circuit court of Lee County against appellee to recover damages for an alleged assault and battery committed on appellant by appellee. A jury verdict was rendered in favor of the defendant. The plaintiff then filed a motion for a new trial. The motion being overruled, plaintiff brought this appeal.

There are six assignments of error. However, appellant, in his brief, expressly waives all but Nos. 1 and 5, which assign error (1) in the refusal of the trial-court to give the general affirmative charge with hypothesis as requested by appellant and…