Condict v. Hewitt

delivered the-opinion of the court.

This is a civil assault and battery casein which the appellant, Winthrop C. Con-dict, Jr., has appealed from a judgment awarded to appellee, Joseph R. Hewitt, by District Judge Vernon G. Bentley. The case was tried without a jury. The judgment consisted of $86 for special damages,. $250 for pain and suffering, and $500 as-exemplary damages.

The assault complained of grew out of' a controversy over water rights. Hewitt was demanding additional water out of Elk; Hollow Creek, from Water Commissioner Herbert King. He had threatened to bring a mandamus action…