Howe v. Haught

HATHAWAY, Judge.

The appellants (hereinafter referred to as plaintiffs) instituted a lawsuit against the appellees (hereinafter referred to as defendants) to recover compensatory and punitive damages for injuries sustained by the plaintiff-husband as a result of the *99defendant-husband’s allegedly wrongful assault and battery.

The plaintiff’s complaint alleged that the acts of the defendant-husband “were committed in pursuance of community affairs.” The defendants’ responsive pleading denied this allegation. The plaintiffs’ pre-trial memorandum delineated certain factual issues, including:

“C. The…