May v. Marty

Full title: Edna May, Appellee, v. E. G. Marty, Appellant

Court: Appellate Court of Illinois

Date published: Sep 19, 1944

323 Ill. App. 656 (Ill. App. Ct. 1944)

56 N.E.2d 640

Opinion

Gen. No. 9,978. (Abstract of Decision.)

Opinion filed September 19, 1944

ASSAULT AND BATTERY, § 26^_ — when judgment for damages for alleged indecent assault on female will be reversed. On appeal to review judgment on verdict for damages for alleged indecent assault, claimed to have been made by defendant chiropractor on plaintiff, who was adult female patient of defendant, held that, if jury had been properly instructed, Appellate Court would not have been justified in holding that verdict was against manifest weight of evidence, but that, since evidence was in direct conflict, it was necessary that jury be accurately instructed and that, because there was error both in instructing of jury and also in admission of certain testimony, judgment would be reversed and cause would be remanded for new trial.

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

Appeal from the Circuit Court of Bureau county; the Hon. LOUIS A. ZEARING, Judge, presiding.

Reversed and remanded. Heard in this court at the May term, 1944.

Paul D. Perona, for appellant;

Josef T. Skinner, for appellee.

Opinion by PRESIDING JUSTICE DOVE.

Not to be published in fall. Opinion filed September 19, 1944.