Steinmetz v. Kelly

— Action by the appellee against the appellant for assault and battery. The complaint consisted of three paragraphs, a demurrer to each of which, for want of sufficient facts, ivas overruled. The first, the only one to which any specific objection is made in this court, alleged that the defendant, on, etc., “violently and unlawfully assaulted the plaintiff, and struck him, and also threw him,, the plaintiff, from the house of the defendant on to the-street pavement, in front of the defendant’s house, with great violence, fracturing,” etc.

The defendant answered : First. “That, at the time of…