O'Shea v. Opp

* NOTE: Opinion filed at May Term, 1937, July 30, 1937; motion for rehearing filed; motion overruled at September Term, December 14, 1937. Action for $50,000 actual and $50,000 punitive damages for an alleged assault by defendant upon plaintiff. The verdict was for defendant, and after the usual steps, plaintiff appealed.

The petition is conventional. The answer is a general denial and a plea of self-defense.

Error is assigned on the admission of evidence; on the modification of plaintiff's Instruction 4; on giving defendant's instructions 1 and 4.

Both plaintiff and defendant resided in…