Christensen v. Holm
South Dakota Supreme Court
Appeal from 'Circ-uk Court, Brookings 'County. Hon. C. X. Seward, Judge. Action by Jappe 'Christensen against Chris Holm and another, for assault and battery. From a judgment for'plaintiff, and from an order denying’ a new trial, defendants appeal. The evidence did not tend to show that the defendant 'Christensen, either singly, or jointly with the defendant Holm, committed any assault or battery upon the- plaintiff.
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Appeal from 'Circ-uk Court, Brookings 'County. Hon. C. X. Seward, Judge. Action by Jappe 'Christensen against Chris Holm and another, for assault and battery. From a judgment for'plaintiff, and from an order denying’ a new trial, defendants appeal. The evidence did not tend to show that the defendant 'Christensen, either singly, or jointly with the defendant Holm, committed any assault or battery upon the- plaintiff. Defendants’ plea of son assault de mesne is supported 'by practically undisputed testimony. The verdict was excessive, and apparently -given under the influence of prejudice and…
1Opinion of the CourtMcCOY, J.
This is a civil action to' recover damages for assault and battery. Defendants -denied- assaulting plaintiff, and alleged that plaintiff first assaulted defendant Flolm, and that Hiolm thereupon in self-defense necessarily and without the use of unnecessary force -protected himself from the assault of -plaintiff. There was a -verdict and judgment in favor of plaintiff for $250 against both defendants. A motion -for a new trial was denied, and -defendants appeal.
[1-3] Appellants urge that the -evidence is insufficient -to- sustain a verdict against either defendant in that there was no…
2Cited by1 opinion
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