Jones

The action, was one for damages on account of an assault and battery. The complaint alleges that the ‘ ‘ defendant violently and maliciously assaulted the plaintiff with a hammer and striking plaintiff upon the arm and upon the face with said hammer, bruising and wounding plaintiff, and more particularly crushing in and fracturing the plaintiff’s cheek-bone under and to the left of the plaintiff’s left eye.” The answer admitted the striking as alleged, but undertakes to justify the same upon the ground of self-defense. The case was tried by the court. It was found that on the date mentioned an altercation arose between plaintiff and defendant, during which defendant struck plaintiff, as alleged in the complaint; that the injuries are permanent in their character; that the act of striking plaintiff was not done in self-defense, or to protect defendant in person or property. Judgment was accordingly rendered in plaintiff’s favor for $1,000, which was, by consent, at the hearing of the motion for a new trial, reduced to $750.

We see no merit in appellant’s contention that the complaint was insufficient. The assault, the means employed and the character thereof are fully set forth.…