Stone v. Heggie

Citations

• 82 Miss. 410

Syllabus

<p>1. Assault and Battery. Civil action. Two assailants. Separate liability.</p> <p>In the absence of evidence of a conspiracy between plaintiff’s assailants, their acts not being joint, a plaintiff cannot recover in a civil suit for an assault and battery against one of them because of injuries inflicted by the other.</p> <p>3. Same. Conflicting instructions.</p> <p>A plaintiff’s instruction authorizing such a recovery is not cured by one, given at defendant’s request, informing the jury that defendant is not liable for the acts of the other assailant.</p> <p>3. Same. Weapons. Not deadly per se. Manner of use.</p> <p>The manner in which a weapon, not deadly per se, was used determines its character, and a charge to the jury, in a civil action for assault and battery, disregarding th'e manner of its use, its character being material, is erroneous.</p> <p>4. Same. Insults. Use of stick.</p> <p>While insulting words will not excuse or justify an assault and -battery with a deadly weapon, yet a party insulted may use a stick, if hie do not use it in the manner of a deadly weapon.</p>