Patton

This is an action to recover damages for an assault by defendant upon the person of plaintiff. The cause was tried by a jury and plaintiff had the verdict. Defendant appeals from the judgment entered upon the verdict and from the order denying his motion for a new trial.

There is abundant evidence of the assault and of its permanent and injurious effects upon plaintiff’s physical condition and to some extent upon his mental faculties. Defendant does not now contend that he did not assault plaintiff; he alleged in his answer, and attempted to prove at the trial, that plaintiff insulted him, ‘ ‘ and by language and immediate demonstrations of force threatened an assault upon defendant,” and that “for his proper protection and defense, and for no other reason, used such force and means as was necessary, and no more, to repel the assault which he reasonably apprehended was imminent and about to be made upon him by plaintiff.”

Defendant also alleged in his answer that he “delivered unto plaintiff certain sums of money, the same being for disputed rent, medical services, and all and singular the matters and things in controversy between plaintiff and defendant; that defendant…