Flinn v. Fredrickson

The petition contains two counts. In the first plaintiff demands $2,000 for assault and battery, and in the second $1,430 for conversion of an automobile. The jury awarded him $650 on the first count and $369.40 on the second. From a judgment on the verdict for the sum of the two items defendant has appealed.

The first ruling of which complaint is made is the giving of the following instruction: “You are instructed that the defendant has failed in this case to establish the justification pleaded by him in defense of plaintiff’s petition, and that under the pleadings and proofs it is your duty…