Goldblatt v. Chase

delivered the opinion of the court. ■

Lynn Chase, the defendant in error, sued Leo Goldblatt, plaintiff in error, to recover damages for personal injuries resulting from an alleged assault and battery.. On a favorable jury verdict, December 3, 1948, he was awarded judgment for the sum of $2,952.52, actual damages, and $750 exemplary damages. On the motion for a new trial, the judgment for exemplary damages was set aside and the motion otherwise denied.

Error is specified to the judgment largely on the refusal of the court to give defendant’s tendered instruction No. 1; error in giving…