Baker v. Carrington

Baker sued Carrington for $1,000.00 damages for a willful and malicious assault and battery. The jury returned a verdict for $5.00 damages, upon which judgment was entered. Baker complains.

The testimony for the plaintiff, if believed, establishes these facts: Plaintiff underwent a serious surgical operation several years ago and since then has been in poor health. On Sunday morning, when the assault and battery took place, plaintiff was sitting on the front stoop of his residence, in the city of Norfolk. Defendant, an ice man, approached and asked payment of $1.60 which plaintiff owed him.…