Herring v. Lunderman

Opinion op the Court by

Morris, Commissioner

Affirming.

Lunderman sued Herring on a charge that the latter had wilfully and maliciously assaulted him inflicting serious injuries. He prayed for a total of $6,415; of this sum $115 represented expenditures for dental surgical service, medicines, and $300 for loss of time. The answer was a denial without affirmative plea. On trial the jury returned a general verdict for $800 and judgment was entered in accord. An appeal followed hut was dismissed, as was a second appeal granted by this court, both on technical grounds. On this last appeal granted by…