Hannan v. Gross

Citations

• 5 Wash. 703
• 32 P. 787
• 1893 Wash. LEXIS 50

Syllabus

<p>ASSAULT AND BATTERY—ACTION FOR DAMAGES—EVIDENCE — NON-SUIT.</p> <p>In an action for damages for assault and battery it is error to non-suit the plaintiff when the undisputed evidence shows that one of the defendants seized her by the shoulders, struck her, called her foul names, choked her and kicked her until her body was black and blue, and that the other defendant meanwhile beat her with an umbrella.</p> <p>In such an action it is error to refuse to admit testimony as to the condition of plaintiff on the morning after the alleged injury was inflicted.</p>