Bevan v. Comstock

The action is trespass for assault and battery. After a jury trial and verdict for plaintiff, on defendant’s motion the trial justice granted a new trial. To this the plaintiff took exception and the case is in this court on his bill of exceptions.

This is the third successive verdict for plaintiff in the three trials of the case. After each trial, on motion of defendant, a new trial was directed by the trial justice presiding. At the first trial, in February, 1923, defendant pleaded the general issue and specially in justification. After verdict against him, defendant, for the first time, on…