Redmon v. Caple

In this action for damages, growing out of an alleged assault by J. H. Caple, defendant below, upon Joe H. Redmon, plaintiff below, the court, based upon jury findings, entered judgment which denied plaintiff a recovery. The points presented involve the refusal of the court to enter judgment for plaintiff notwithstanding the jury's answer to issue No. 12; and, subject to above, the failure of the court to declare a mistrial on account of an alleged irreconcilable conflict in the jury's findings to issues No. 12 and No. 14.

The court instructed the jury:

"By the term `assault' as used in this…