Appeal by defendant from the Circuit Court of Macoupin county;
the Hon. L.E. WILHITE, Judge, presiding. Heard in this court at
the February term, 1951. Affirmed. Opinion filed March 7, 1951.
Rehearing denied April 30, 1951. Released for publication April
MR. PRESIDING JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT.
Rehearing denied April 30, 1951
This case involves an appeal from a judgment for $3,300 and costs in favor of the plaintiff appellee, William Ridgway, and against the defendant appellant, Ocea Crum, entered in the circuit court of Macoupin county, on the verdict of a jury. The case was brought by plaintiff appellee against defendant appellant, to recover for personal injuries resulting from an assault and battery alleged to have been committed by the defendant appellant.
On May 4, 1949, plaintiff appellee, William Ridgway, filed in the circuit court of Macoupin county, a complaint in two counts. Count I was a complaint for an injunction concerning the right of way over a road where a barricade had been placed, and Count II was a count at law, which is the basis of this suit, and it was a complaint for the recovery of damages for the assault and battery alleged to have been committed by the defendant appellant, Ocea Crum.
Paragraph 1 of Count II of the complaint charges that on the 28th day of April, A.D. 1949, in Section Five (5) of Township Eleven (11) North, Range Eight (8) West of the Third Principal Meridian, Macoupin county, Illinois, and being South Palmyra Township in said county and State, the said defendant, Ocea Crum, and certain other persons assaulted the plaintiff appellee by striking him, beating and kicking him about the face and body, by throwing him to the ground and by maliciously striking, kicking and beating the plaintiff appellee about the face, head and body while he was lying prostrate upon the ground.
Paragraph 2 describes the injuries sustained.
Paragraph 3 alleges damages in the sum of $10,000 and prays judgment.
The answer of the defendant denies each and every allegation in each paragraph of said Count II.
A decree was entered on Count I of the complaint on July 14, 1949.
The case under Count II being the case at bar, came on for trial on February 23, 1950.
At the conclusion of plaintiff appellee's evidence the defendant appellant moved to exclude all evidence of any injuries except the injuries to the left arm and shoulder for the reason that there was no showing of any connection between such injuries and any act of the defendant appellant, and that motion was denied.
At the conclusion of all the evidence, defendant appellant moved the court to instruct the jury to return a verdict in favor of the defendant appellant and tendered an instruction. The motion was denied and the instruction refused.
The jury returned a verdict finding the defendant appellant guilty and assessing plaintiff appellee's damages at the sum of $3,300, and judgment was entered on the verdict for said amount.
The defendant appellant filed a motion for judgment notwithstanding the verdict and a motion for a new trial. Both motions were ...