Birmingham Electric Co. v. Putman

The complaint in this ease contains two counts, one charging assault and battery, and the other charging that defendant’s servants wrongfully ejected plaintiff from a street car operated by defendant in the city of Birmingham, both counts claiming damages.

The only evidence in the record tending to show an assault, or an assault and battery, isi that of the plaintiff, and his witness, Mrs. Hanners, and the two do not materially differ. Plaintiff testified:

“He (the conductor) drug me off the seat, and I walked up to the door, and the motorman opened the door, and taken me by the arm and pushed…