Vercruise v. Carroll

PER CURIAM. Action for damages for an alleged assault and battery committed by defendant upon plaintiff, in which plaintiff had a verdict and defendant appealed from an order denying a new trial. Our examination of the record leads to the conclusion that the question whether defendant assaulted plaintiff, and the nature and .Character of the assault, was on the evidence a question of fact for the jury. We discover no reason for interference. The verdict for $1,000 was reduced one-half by the trial court. We think the order justified. The case Is unlike Ger-mann v. Great Northern Ry. Co. 114 Minn. 347 , 130 N. W. 1021 , where the evidence rendered the question of the right of plaintiff therein to recover at all, doubtful and uncertain. That situation is not here presented. Order affirmed.