Peck v. Bez

Riley, Judge:

Oliver Lemon Peck instituted in the Circuit Court of Raleigh County this action of trespass on the case against Seid Bez to recover damages for an alleged wilful, intentional, and unlawful assault and battery on plaintiff. To the judgment in the amount of $23,416.00 in plaintiff’s favor, based upon a jury verdict, this writ of error is prosecuted.

The declaration alleges that on May 8, 1944, “* * * in the town of Sophia, Raleigh County, West Virginia, the said defendant, acting without, any legal justification or excuse, made a willful and intentional trespass on the person of the…