Mawhinney v. Holtzhauer

Opinion

by Ross, J.,

Appellant, George C. Mawhinney, brought this action in trespass to recover damages for personal injuries suffered during a fist fight with defendant, D. H. Holtzhauer. The jury awarded plaintiff $188.00, the exact amount of his medical bills. His motion for a new trial, on the ground of inadequacy of damages, was refused by the learned trial judge, the refusal was affirmed by the court en banc, and he appealed to this Court.

On the afternoon of April 26, 1947, plaintiff was raking a flower bed in the yard adjoining his home in New Kensington, when defendant drove by in his…