Philbrick v. Foster

Trespass by Foster and wife against the appellant for an assault and battery on the wife. Pleas, 1. Not guilty. 2. Son assault demesne. Replication to the *443second plea, de injuria. Verdict and judgment for the plaintiffs below.

The record shows that the appellees, after they had given evidence, on the trial, tending to prove that the appellant had seized Foster's wife, and threw her down, whilst she was attempting to prevent him from beating her husband, asked the witness, whether Foster was a weak man and afflicted with disease. The appellant objected to this question, on the score of…