Scheufele v. Newman

This is an action to recover damages for personal injuries resulting from an alleged assault and battery. In the complaint it is alleged, so far as material herein, that defendant wrongfully and maliciously struck the plaintiff on the shoulder, jaw and face with a heavy rifle, thereby causing a laceration to his lower jaw and lip, a fracture of an upper front tooth, and an injury to the nerves and soft tissue of the chin. Plaintiff also avers that on account of this attack, he has sustained a “permanent scarring and disfigurement.”

Defendant in his answer admitted that he struck plaintiff and…