Ehat

This action was brought by the plaintiff to recover damages for personal injuries which the complaint alleges were inflicted upon him by the defendant.

The action was tried by the court, a jury, having been waived by the parties, and judgment was awarded plaintiff in the sum of $500.

This appeal is by the defendant from the judgment and the order denying him a new trial.

The points urged by the appellant against the validity of the judgment and the order are that certain rulings of the court respecting certain evidence were illegal and harmful to the defendant and that certain findings are not supported by the evidence.

The facts are these: The plaintiff, a man sixty-five years of age at the time he received the injuries complained of, was indebted to the defendant in the sum of $16.75. On the nineteenth day óf July, 1909, the plaintiff was working as a laborer in a box-yard in the city of Fresno. In the forenoon of that day, the defendant, accompanied by an Italian by the name of Toschi, went to the box-yard, where they met plaintiff. The defendant spoke to the plaintiff about the indebtedness referred to, asking him for payment of the same. An acrimonious discussion ensued,…