Oliverius v. Wicks

Wakeley, District Judge.

Oliverius recovered a judgment against Wicks for $4,045.07 damages for an assault and battery. Wicks appeals. Appellee in Ms original petition prayed for judgment for $2,108. In a supplemental petition, setting forth injuries which had developed since the commencement of the action, appellee demanded judgment for the total amount of $7,937.80.

The first error assigned, asking the reversal of the judgment, is that the court erred in one of its instructions, viz., No. 5, the part thereof of which complaint is made being as follows: “You are further instructed upon the…