Fullerton v. Warrick

Fullerton brought an action of trespass, assault and battery, against Warrick, in the Gibson Circuit Court. An issue on the plea of not guilty wás joined between the parties, a jury trial had, and a verdict rendered for the plaintiff.

*220It appears of record by a bill of exceptions, that the defendant, on the trial before the jury, was permitted by the Court to prove, in mitigation of damages, that the plaintiff had been for several years past, and up to the time of the commission of the assault and battery, in the constant habit of abusing and slandering the defendant; that about one year and a…