Sheehan v. DeWitt

MR. JUSTICE JOHN C. HARRISON

delivered the Opion of the Court.

This is an appeal from a judgment entered on a jury verdict. This is the second appearance of the case in this Court, Sheehan v. DeWitt, 150 Mont. 86, 430 P.2d 652. It is an action to recover damages for an assault upon the plaintiff-respondent, William F. Sheehan, by the defendant-appellant, E. A. DeWitt. At the first trial the jury awarded plaintiff $1,500 compensatory damages and $5,000 punitive damages. On appeal this Court found the awards excessive and ordered that they be reduced or the ease be retried. On retrial the jury…