Wadsworth v. Treat
Supreme Judicial Court of Maine
This is an action for assault and battery, for striking plaintiff in the face. Plea, the general issue, and comes before this court upon exceptions to tbe rulings of Mat, J., presiding at Nisi Frias.
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This is an action for assault and battery, for striking plaintiff in the face. Plea, the general issue, and comes before this court upon exceptions to tbe rulings of Mat, J., presiding at Nisi Frias. The plaintiff introduced evidence tending to prove that on June 30, 1854, soon after defendant had settled with, and paid him the amount of a small execution, recovered in 1853, against the defendant, and in favor of Elijah Wads-worth, a son of plaintiff, the defendant struck plaintiff in the face, a violent blow, which was the injury complained of. The verdict was for plaintiff. The defendant…
1Opinion of the CourtTenney, C. J.
From the evidence adduced at the trial of this action, which is for an alleged assault and battery upon the person of the plaintiff, in June, 1854, it appears that the acts complained of were committed soon after the defendant had paid an execution upon a judgment recovered in 1853, against him, in favor of the plaintiff’s son. Proof offered by the defendant, in mitigation of damages, that the judgment was obtained in a groundless suit, which he was prevented from defending by inevitable accident, was not received. The judgment of a court of competent jurisdiction, till reversed, is…
2Cases cited2 opinions
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