O'Leary v. Rowan
Supreme Court of Missouri
Appeal from St. Franpois Circuit Court. This was an action for an assault and battery. The petition charges that the defendant on the 6th of May, 1858, assaulted and beat plaintiff with a rock, and assaulted and cut plaintiff with a knife, and inflicted divers wounds and bruises with said rock and knife in and upon the head, arms and side of plaintiff, by which plaintiff was damaged five hundred dollars.
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Appeal from St. Franpois Circuit Court. This was an action for an assault and battery. The petition charges that the defendant on the 6th of May, 1858, assaulted and beat plaintiff with a rock, and assaulted and cut plaintiff with a knife, and inflicted divers wounds and bruises with said rock and knife in and upon the head, arms and side of plaintiff, by which plaintiff was damaged five hundred dollars. The defendant’s answer was a general denial of all the allegations of the petition. Tho court, of its own motion, instructed the jury as follows : “ 1. If the jury find that the defendant…
1Opinion of the CourtEwing, Judge
This was an action of trespass for an assault and battery upon the person of the plaintiff. The declaration is general, containing no allegation of any special damage ; nor does it *119state that the wounding, bruising, &c., was followed by any particular ill-consequences.
The bill of exceptions shows that on the trial of the cause the plaintiff introduced the physician who attended him in consequence of the injury, who, after testifying as to the. nature and appearance, &c., of the wounds occasioned by the battery, was asked by the plaintiff as to the amount of his bill for attention and…
2Cited by16 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Dothard v. SheidSupreme Court of Alabama · 1881
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
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