Towler v. Stone

This was a suit by Mrs. Bessie' Stone and husband against E. W. Towler and wife to recover actual and exemplary damages on account of an alleged assault having been committed by the defendant’s wife on Mrs. Bessie Stone. The court submitted the case to a jury on special issues, and, on the answers of the jury, entered judgment for the plaintiffs for actual damages in the sum of $4.00. The defendants appeal.

There was evidence to show that the appellant P. W. Towler had erected a gate across a third-class road that ran through his farm. The gate had been left open on several occasions. On the…