Legal Opinion

Beck v. Scott

Supreme Court of Iowa

Decided February 17, 1919PublishedCited by 2 opinions

Appeal from Ringgold District Court. — H. Gr. Evans, Judge. Action at law to recover damages from defendants, for assault and battery. Trial to a jury, verdict for the defendants, and judgment against plaintiff for costs. Plaintiff appeals.

1Opinion of the CourtPreston, J.

Plaintiff and defendants are farmers. The controversy arose over the construction of a partition fence. It is alleged that, while plaintiff was peaceably constructing the fence, pursuant to the request of defendant J. P. Scott, the defendant Lorn Scott, without any provocation or excuse, upon the suggestion, advice, and order of his father, J. P. Scott, did assault plaintiff, and throw him upon the barbed wire fence, causing plaintiff painful injuries and mental anguish; that the "assault was accompanied with threats to kill, and the use of vile language. The answer was a general denial;…

2Cases cited16 opinions

  1. State v. MorphySupreme Court of Iowa · 1871
  2. State v. PorterSupreme Court of Iowa · 1871
  3. Morris v. McClellanSupreme Court of Alabama · 1908
  4. Gilbert v. BaxterSupreme Court of Iowa · 1887
  5. Barr v. HackSupreme Court of Iowa · 1877

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3Cited by2 opinions

  1. Boyle v. BornholtzSupreme Court of Iowa · 1937
  2. Groves v. City of Webster CitySupreme Court of Iowa · 1936

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