Opinion
Opinion filed May 31, 1941
ASSAULT AND BATTERY, § 22 — evidence, sufficiency. In action for assault, where there was evidence that plaintiff was a prisoner in the city jail and that defendants, who were firemen and had keys to the jail, entered the cell and one of them knocked plaintiff unconscious with a piece of hose, fracturing his jaw, questions of assault and whether defendants used more force than was necessary were for jury, evidence supported verdict for plaintiff, and instruction stating abstract proposition of law, while not to be commended, was not reversible error where it did not tend to mislead the jury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Williamson county; Hon. LOYD M. BRADLEY, presiding.
Affirmed. Heard in this court at February term, 1941.
R.W. Harris and L.A. Colp, for appellants;
D.L. Duty and Snyder E. Herrin, for appellee.
"Not to be published in full." Opinion filed May 31, 1941.