Neilsen v. Hovander

Citations

• 56 Wash. 93
• 105 P. 172
• 1909 Wash. LEXIS 854

Syllabus

<p>Assault and Batteey — Civil Liability — Jurisdiction—Proof. A violent assault and battery is not excused by showing that the difficulty occurred at a public road which plaintiff had closed up and fenced, and was in possession of at the -time defendants attempted to use it.</p> <p>Same — Issues and Proof — Justification. In an action for damages for assault and battery, justification by reason of preventing the defendants from using a public road cannot be shown under a general denial.</p> <p>Pleadings — Amendments at Trial — Terms—Costs—Discretion. It is discretionary, on a claim of surprise and inability to proceed with the trial, to refuse leave to amend an answer bringing in a new issue, unless defendants pay all costs, including witness and jury fees that have been paid.</p> <p>Damages — Excessive Verdict — Assault. A verdict in favor of a woman for $1,000 for an assault and battery, reduced by the trial court to $750, will not be held excessive on appeal, where it appears that the assault was unprovoked and she was seriously injured, and that it was accompanied by scandalous language tending to defame and vilify her.</p>