Lydon

Action for damages for assault and battery by appellants on the respondent and for exemplary and punitive damages.

The court rendered judgment for $297 actual damages and $500 by way of exemplary and punitive damages. A motion for a new trial was made and denied. The appeal is from the judgment upon the judgment-roll and a bill of exceptions.

The complaint alleges that appellants Jefferson J. Loque and Myers on August 28, 1923, violently and maliciously assaulted respondent; that they beat, kicked, choked, and struck him numerous blows; that they bit his right ear and bruised him upon his body, neck, hip, and person; that each and all of said acts were done by said Loque and Myers under the direction and authority and at the request of their co-defendant Mrs. Beach Loque (whose name was Maude Beach at the time of the alleged battery); that each of said acts was done through ill will and malice toward respondent.

The appellants answered separately. Mrs. Loque denied specifically the allegations of the complaint. Myers denied specifically the allegations of the complaint and set up as a separate defense that the respondent on the occasion alleged in the complaint first wilfully…