Louisville Railway Co. v. Frick

Opinion of the Court by

Judge Nunn

Reversing.

*451This is an appeal from a judgment for $5,000.00 in favor of the appellee, Frick, against the Louisville Kailway Company. The appellee sued for $25,000, and his petition is in two paragraphs, the first alleging assault and battery, and the second alleging insult and abusive treatment. The wrongs complained of were the acts of appellant’s conductor, Upton, and they were all part of the same altercation, and occurred practically at the same time. It is for this reason no doubt that the lower court treated the two paragraphs as one cause of action, that…