Guyer v. Smullen

This is an appeal by plaintiff from an order denying him a new trial after a verdict for defendant Smullen in an action for damages for assault and battery. Defendants Peterson and Perkins did not appear by answer or otherwise and are not parties to this appeal.

The action grew out of the celebration at Waterville, in Le Sueur county, of the premature and spurious “armistice” of November 7, 1918. There have been three trials, the first two resulting in disagreements.

Plaintiff was the owner and in active charge of one of the several saloons in Waterville. Another went by the somewhat ironical…