Thomas v. Carter

Appellant sued the appellee for damages for assault and battery committed on her by appellee. There was a verdict and judgment for the appellee, from which judgment the appellant prosecutes this appeal. The assault and battery for which the appellant sued was committed on her by the appellee with his hands and fists.

The only question argued is whether or not the court erred in giving the following instruction:

“The court instructs the jury for the defendant, George Carter, that if you believe from a preponderance of the testimony in the case that the slapping or strildng of the plaintiff by…