Cooper v. McJunkin

Cooper sued McJunkin in trespass.

The first count is in the usual form for an assault and battery. The second count alleges that McJunkin unlawfully, and with inhuman violence, beat, bruised, cut and gashed the face and head of Cooper, &c.

The defendant filed several pleas, none of which are now before us, except the fourth plea.

In the introductory part that plea enumerates the several trespasses in the first and second counts, and avers that they are one and the same acts of trespass. The pleader then states that the relation of teacher and pupil subsisted; that at, &c., in school and during…