Crea v. Wuellner

Matson, Justice.

Defendant appeals from an order denying a new trial.

In an action to recover damages for an assault and battery, the trial court found as a matter of law that defendant had committed an assault and battery upon plaintiff and instructed the jury accordingly. Only the question of whether plaintiff was entitled to actual and punitive damages was submitted to the jury. Under the evidence, no special damages by way of loss of wages appeared, and the jury was so instructed. A verdict of $375 was awarded to plaintiff. Defendant’s motion for a new trial was denied, and we have this…