Allertz v. Hankins

In the majority opinion it is said: “It is assumed for the purpose of this decision that Hankins assaulted the plaintiff, and that the evidence justifies the recovery against him.” It is further said: “It is alleged, and we assume the jury were justified by the evidence in finding, that Hankins rebuked the plaintiff for his manner of performing the service, and, in anger and without cause, threw some articles, which were for use in the business, at plaintiff, which caused the plaintiff’s injuries.” The majority opinion takes the view that the evidence fails to warrant the suggestion in…