Torts · MBE-tested

GEORGE HAMMER vs. ELIAS PIERCE

5 Del. 1715 Harr. 171·Delaware Superior Court·1849·DE

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Opinion

GEORGE HAMMER vs. ELIAS PIERCE. Trespass lies by a father for a forcible injury to his ton, per quad, &c. Trespass assault and battery, per quad, the plaintiff lost the services of his son. The action was for injuries to the plaintiff’s son, by a blow from the defendant. Bradford, for plaintiff. Rogers, for defendant. Mr. Rogers, for the defendant, raised and argued the question as to the form of action, contending that, on principle, it should be in case and not trespass. He cited 12 Com. Law Rep, 131; 13 Ibid 94; but [MAJORITY — The Court,] The Court, without hearing Bradford contra, decided that the action was well brought; and the plaintiff had a verdict.