O'Brien v. Sullivan

Plaintiff recovered a judgment against the defendant, who is her brother, for $1,500 damages for inflicting an assault and battery upon her. The defendant appeals.

*513Three grounds are urged for a reversal of the judgment.

It is first urged that the court erred in giving instruction No. 1, in which the claims made by the plaintiff as a basis for her action are set forth. The particular complaint made is that, in stating the issues on behalf of the plaintiff, the court practically copied the plaintiff’s petition, and that the account of the affray was stated in such extravagant language as to be…