Mulcahy v. Duggan

MR. COMMISSIONER BENNETT

prepared the opinion for the court.

This action was instituted by the plaintiff, J. B. Mulcahy, against the defendant, Lawrence Duggan, to recover actual *12and exemplary damages alleged to have resulted from a physical encounter between the parties, which took place on May 17, 1920, at the city of Butte. Plaintiff alleged that “the defendant violently, wantonly and maliciously did assault the plaintiff, * * * ” and defendant answered admitting that he “did strike the plaintiff several blows and did knock him down.” In addition to the admissions and denials, defendant set…