Glascock v. Gerold

<p>Abstract of the Decision.</p> <p>1. Assault and battery, § 14*—when evidence sufficient to sustain verdict. In an action for damages for personal injuries to a boy thirteen years of age, alleged to be due to his being struck by a brick thrown by defendant while plaintiff, who had been on top of defendant’s building gathering pigeon eggs, was climbing down the wall of a partially destroyed brick building adjoining defendant’s in the rear, this causing plaintiff to fall a distance of twenty feet, where the evidence was conflicting as to whether defendant threw the brick at plaintiff, evidence held sufficient to sustain the verdict in favor of plaintiff.</p> <p>2. Damages, § 124*—when verdict for injuries to leg of hoy not excessive. In an action for damages for personal injuries to a boy thirteen years of age where there was evidence that the tibia of one leg was fractured and at the time of trial the foot of the injured limb was thrown out so that plaintiff could not walk on it, but such defect would not be permanent, a verdict for eight hundred dollars held not excessive.</p> <p>3. Assault and battery, § 14*—what degree of proof necessary in civil action. In a civil action for assault and battery, the plaintiff need only prove his case by a preponderance of the evidence.</p> <p>4. Appeal and ebbor, § 1241*—when error in giving instructions unavailable by giving of similar instructions for adverse party. In a civil action for damages for an assault and battery, any error in an instruction for the plaintiff that the latter need prove his case only by a slight preponderance of the evidence is unavailable where given instructions presented by defendant only require the plaintiff to prove his case by a preponderance of the evidence.</p> <p>5. Instructions, § 87*—when instruction on preponderance of evidence correct. An instruction in a civil action that if plaintiff’s evidence preponderates but slightly it is sufficient is correct.</p>