#### Eleanor Ceser, Defendant in Error, v. Herman Morehouse, Plaintiff in Error.

Gen. No. 6,339.

(Not to be reported in full.)

Error to the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed May 9, 1917.

Statement of the Case.

Action in trespass by Eleanor Ceser, plaintiff, against Hermán Morehouse, defendant, to recover damages for assault and battery and for an assault with intent to ravish plaintiff, alleged to have been committed by defendant upon plaintiff. From a judgment for plaintiff for $2,800, defendant brings error.

John W. Dubbs, for plaintiff in error.

Browne & Wiley and James N. Cummings, for defendant in error.

*237Abstract of the Decision.

Assault and battery, § 23 * —when verdict not disturbed on appeal. In an action to recover damages for assault and battery, where the plaintiff, a woman aged nineteen years, charged that the defendant had assaulted her at various times, under promise of marriage, and the plaintiff and defendant were the sole witnesses as to what actually occurred, and the jury found for the plaintiff, held that the verdict could not be considered so manifestly against the weight of the evidence as to justify a reversal on that ground.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.