Vancherie v. Siperly

In this tort action for damages arising out of an assault and battery by a nightstick-swinging restaurateur on a beer-drinking sailor, the questions on appeal relate to (i) the motion for a directed verdict and (ii) the award of exemplary damages. The appeal is from the final judgment entered against James C. Vancherie (defendant) in favor of Norville Siperly (plaintiff) following a jury verdict for compensatory and exemplary damages and the denial of a motion for a new trial. The defendant-appellant also presents a question (iii) concerning a second motion for a new trial filed after the…