Lancy v. Rosenberg

Full title: Joseph Lancy, Appellee, v. James Rosenberg, Appellant

Court: Appellate Court of Illinois, First District

Date published: Nov 30, 1942

316 Ill. App. 452 (Ill. App. Ct. 1942)

45 N.E.2d 187

Opinion

Gen. No. 42,216. (Abstract of Decision.)

Opinion filed November 30, 1942 Rehearing denied December 14, 1942

ASSAULT AND BATTERY, § 22^_ — when evidence sufficient to warrant verdict for plaintiff. In action for damages for assault and battery by shooting, defense in which was self-defense, held that evidence warranted jury in finding general verdict for plaintiff, whom jury awarded $10,000, of which plaintiff remitted $3,000, judgment being entered for remainder, and also in finding, in answer to special interrogatory, that shooting was wilful, wanton and malicious.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. GROVER C. NIEMEYER, presiding.

Affirmed. Heard in first division, first district, this court at April term, 1942.

Harold Levy, for appellant;

Lawrence S. Jacobson, of counsel;

John V. Clinnin, for appellee.

Opinion by PRESIDING JUSTICE MATCHETT.

"Not to be published in full." Opinion filed November 30, 1942. rehearing denied December 14, 1942.