Hopp v. Thompson

This is an action to recover damages for assault and battery. Defendant owns and manages the Thompson Hotel in Sisseton. On the evening of June 21, 1946, plaintiff entered the hotel and a fracas occurred in which both parties were injured. Plaintiff brought the action to recover his damages and defendant filed an answer denying liability. Defendant also pleaded a counterclaim for the damages which he claims were sustained by him. The jury returned a verdict for plaintiff in the sum of $10,249 upon which judgment was entered and defendant appealed.

The first question presented is the…