Elliott v. Brandt

This is an action for damages brought in the district court for Cass County by James Elliott, plaintiff, for injuries alleged ff> have been sustained by him as the result of an assault and battery committed upon his body by William Brandt, Jr., defendant. The case was tried to a jury resulting in a verdict for the defendant. The plaintiff filed a motion for new trial. From the order overruling the motion for new trial, the plaintiff appealed.

The plaintiff’s petition alleged in substance that on. or about the evening of September 18, 1953, the defendant unlawfully and without sufficient…