Walker Ex Rel. Walker v. Burkham

On The Merits

Royal A. Stewart, of Reno, for Appellant. William M. Kearney, of Reno, for Respondent.

OPINION

By the Court,

Taber, C. J.:

The amended complaint purports to allege two causes of action — one for assault, the other for assault and battery. Plaintiff, a minor, seeks to maintain the action by and through his guardian ad litem.

Paragraphs VII, VIII, IX and X of the first cause of action read as follows:

“VII. That the defendant, on or about the time aforesaid, at or about the place aforesaid, unlawfully, wilfully and theateningly shouted at the plaintiff, David C. Walker, and advanced upon…