Klein v. Pasch
| Decision Date | 27 October 1922 |
| Docket Number | 22,869 |
| Citation | 190 N.W. 338,153 Minn. 291 |
| Parties | JOHN KLEIN v. MATHIAS PASCH AND ANOTHER |
| Court | Minnesota Supreme Court |
Action in the district court for Dakota county to recover $5,050 for mayhem. The case was tried before Converse, J., and a jury which returned a verdict for $1,000. From orders denying their motions for judgment notwithstanding the verdict or for a new trial, defendants appealed. Affirmed.
Competent evidence as to one defendant should be disregarded as to other defendants when incompetent as to them.
1. Rulings on the introduction of testimony examined and sustained. Where the testimony offered is competent and material as to one of several defendants, it is to be admitted, but the defendants to whom it is not competent or material may, by proper request, have the jury instructed to disregard it as to them.
New trial not granted for errors in charge as to issue disregarded by the verdict.
2. Alleged errors in the charge upon an issue which manifestly did not enter into the verdict will not be considered as ground for a new trial.
Verdict sustained.
3. The evidence sustains a verdict against both defendants.
Damages not excessive.
4. The record does not clearly show the verdict so excessive as to justify this court in modifying or setting it aside.
J. M Millett, for appellants.
Alfred E. Rietz, for respondent.
Plaintiff and a companion went to a public watering trough in the little village of New Trier, Minnesota, to water a span of horses and some cows. While there, defendants approached them. Defendant Pasch, stating he had something unsettled with plaintiff, took the halter ropes out of his hands and gave them to Landsberger. Thereupon, according to plaintiff's evidence, Pasch gave plaintiff a push, threw him down, pounded him with his fists, and bit a piece out of his ear; Landsberger did not touch plaintiff, but called to Pasch to "give it to him" when plaintiff was down and being beaten; and Landsberger, with an oath, told a young man, who evidently came up to help plaintiff or stop the fight, to get away or he, Landsberger, "would take care of him."
After the affray the county attorney plaintiff's attorney in this action, drew a criminal complaint, which plaintiff swore to, charging Pasch with mayhem. The complaint was filed with a justice of the peace, who issued a warrant. It appears that when the case was called, Pasch entered a plea of guilty, and the justice imposed a fine of $10, which was paid. No doubt Pasch thought this ended the matter. But this action for damages followed, wherein the jury rendered a verdict against both Pasch and Landsberger for $1,000. Pasch, in his separate answer, alleged a counterclaim, asserting that he was the one assaulted and injured in that plaintiff bit his thumb. The jury found no counterclaim. Defendants separately moved for judgment or a new trial. The motions were denied and they appeal.
The assignments of error question the rulings permitting testimony that Pasch, after this action was begun, conveyed an 80-acre farm of the value of $3,200 to his mother in payment of an alleged loan of only three or four hundred dollars; also the admission of the complaint docket entries and plea in relation to the...
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