Cottrell v. Asbury Fountain

The opinion of the court was delivered by

Gummere, Chief Justice.

This was an action for an assault and battery. The assault was committed on or near a public road in the county of Middlesex, where the defendant was employed, with assistants, in opening a culvert under the road which had been filled up by the plaintiff in order to present it from venting waters upon his adjacent property. The assault was admittedly unprovoked, and the court left it to the jury to say whether the plaintiff was entitled to recover exemplary damages as well as compensation. The jury found for the plaintiff, and…