Bauchspies v. Obert

Citations

• 51 Pa. Super. 441
• 1912 Pa. Super. LEXIS 240

Syllabus

<p>Trespass — Assault and battery — Contributory negligence.</p> <p>1. In an action of trespass to recover damages for personal injuries resulting from an alleged assault and battery, where the plaintiff shows that she was injured while resisting an attempt by the defendants to take up a line fence and place it back on the lot of plaintiff’s husband, the defendants cannot set up as a defense contributory negligence on the part of the plaintiff.</p> <p>Appeals — Assignments of error — Charge.</p> <p>2. An assignment of error in the following form is fatally defective: “The court erred in submitting to the jury the question of contributory negligence on the part of the plaintiff.”</p>