Renfro v. Barlow
Court of Appeals of Kentucky
CASE 34. — ACTION BY S. E. RENFRO AGAINST E P. BARLOW FOR ASSAULT AND BATTERY. Appeal from Barren Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. The verdict in this case is palpably and clearly against the weight of the evidence, in fact there is no evidence to support it.
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CASE 34. — ACTION BY S. E. RENFRO AGAINST E P. BARLOW FOR ASSAULT AND BATTERY. Appeal from Barren Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. The verdict in this case is palpably and clearly against the weight of the evidence, in fact there is no evidence to support it. (Taylor v. Howser, 12 Bush, 465.) 2. It was error to give the self defense instruction, because there was no proof upon which to base it. (A. & E. Ency. of Law, 1st Ed., vol. 11, 249; L. & N. R. R. Co. v. McComb, 21 Ky. juaw Rep. 1238.) 3.…
1Opinion of the Court
*315Opinion of the Court by
Wm. Rogers Clay, Commissioner
Reversing.
Plaintiff, S. E. Renfro, instituted this action against the defendant, E. P. Barlow, to recover damages for assault and battery. The petition charges that the defendant unlawfully and without any provocation on the part of plaintiff, assaulted, beat, and bruised plaintiff about the face, head, eyes, and other parts of his body, with a piece of iron, steel, or other hard substance. The defendant answered in three paragraphs. In the first paragraph he denied that he unlawfully, wrongfully, and without provocation assaulted the…
2Cases cited2 opinions
- Rochester v. AndersonCourt of Appeals of Kentucky · 1809
- Gere v. CushingCourt of Appeals of Kentucky · 1869
3Cited by12 opinions
- Sikes v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
- Roberson v. WoodforkCourt of Appeals of Kentucky · 1913
- Gargotto v. IsenbergCourt of Appeals of Kentucky (pre-1976) · 1932
- Guyer v. SmullenSupreme Court of Minnesota · 1924
- Lehman v. LambertSupreme Court of Missouri · 1932
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