Polen v. Huber

Litz, President:

Defendant, George Huber, complains of a verdict and judgment of $300.00 against him in favor of plaintiff, John D. Polen, Jr., in an action of trespass on the case, for assault and battery. Huber struck Polen on the jaw with his fist, causing a fracture of the bone.

Defendant pleaded the general issue and also filed a special plea of son assault demesne.

The assault being admitted, the only issue of fact before the jury was whether the attack was justifiable. The testimony of plaintiff is in the negative while that of defendant and another eye witness tends to establish the…