Watters v. Hayden

Plaintiff’s action is for damages arising out of an alleged assault and battery which is alleged to have been wilful, unlawful and malicious on the part of the defendants, who are husband and wife. The cause was tried before a jury where the plaintiff had a verdict for $250 actual and $250 exemplary damages against both defendants. The trial court sustained defendant wife’s motion for a new trial on the sole ground that the court erred in overruling the demurrer offered by her at the close of all of the evidence. Plaintiff thereupon appeals from the action of the court in granting the new…