Horky v. Schroll

Plaintiff instituted this action to recover damages for assault and battery. A jury awarded a verdict for $2,500, upon which judgment was entered. Defendants’ motion for new trial was overruled, and they appealed to this court, assigning as error that: (1) The trial court erred in denying defendants the right to plead or prove acts of provocation; (2) erred in permitting *97plaintiff to cumulate evidence as to the circumstances of the assault which was allegedly admitted by defendants’ answer; (3) erred in giving instruction No. 9; and (4) that the verdict was excessive. We conclude that the…