89 So. 287 | Ala. | 1921
Action for damages for an assault and battery, instituted by appellee against appellant. A verdict for defendant, appellant, was returned by the jury. The motion for new trial was granted on the ground that the court erred in giving, at the request of defendant, this instruction:
"(7) To make out a case of assault and battery it must appear that the wrong or injury was intentionally done."
In this jurisdiction it has been soundly declared and established that to maintain a civil action for damages for an assault and battery it is not essential that the infliction of injury upon the party assailed should be intended. Carlton v. Henry,
The motion for new trial was properly granted.
Affirmed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.