White v. . Barnes
Supreme Court of North Carolina
Civil action to recover damages for an assault and battery, tried at February Term, 1892, of Wilsox Superior Court, before Bryan, J., and a jury. By consent, the following issues were submitted to the jury: “1. Did the defendant unlawfully assault the plaintiff? “ 2. What damage, if any, is plaintiff entitled to recover?” To the first issue the response was “Yes,” and to the second, “Five hundred dollars.”
Read the full summary
Civil action to recover damages for an assault and battery, tried at February Term, 1892, of Wilsox Superior Court, before Bryan, J., and a jury. By consent, the following issues were submitted to the jury: “1. Did the defendant unlawfully assault the plaintiff? “ 2. What damage, if any, is plaintiff entitled to recover?” To the first issue the response was “Yes,” and to the second, “Five hundred dollars.” J. A. Privett, policeman, testified: “ I was on the street in Wilson in May, 1890, when defendant and his son came by, and defendant said, ‘ Come on.’ lie kept right on down the street and…
1Opinion of the Court
MaoRae, J.:
There was no exception to the charge of his Honor upon the first issue. The testimony of all thé witnesses to the assault was that after the plaintiff was being carried off by the policeman, his arms held closely to his sides from behind so as to render him powerless even to defend himself, the defendant followed him some ten or, according to defendant’s own testimony, fifteen feet, and struck him in the face, inflicting very serious injury.
The contention was as to the damages upon the second issue. The first exception was to the charge that if the jury believed the defendant’s…
2Cases cited2 opinions
- Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
- Brem v. . AllisonSupreme Court of North Carolina · 1873
3Cited by7 opinions
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
- Díaz v. San Juan Light & Transit Co.Supreme Court of Puerto Rico · 1911
- León Parra v. GerardinoSupreme Court of Puerto Rico · 1941
- Díaz v. San Juan Light & Transit Co.Supreme Court of Puerto Rico · 1911
2 more not listed; retrieve them via the Exa API.