Bumgart v. Bailey

This suit grew out of an alleged assault and battery by appellees upon the person of appellants. Plaintiffs, appellants here, filed separate suits against defendants, and defendants filed separate answers. The court sustained a motion by the parties to consolidate the two suits for trial. The facts were presented to a jury, re- suiting in a verdict for defendants. Appellees have appealed from the judgment of the circuit court and complained that the trial judge granted the jury two instructions, at the instance of defendants, which were erroneous and harmful. They are as follows:

Instruction…