Seelye

This appeal is upon a judgment for damages from assault and battery. The court on the trial found that the assault and battery had been committed by defendant upon the plaintiff, that the acts complained of were without cause or provocation, and that they were done maliciously and with intent to humiliate, vex, annoy, and injure the plaintiff. Judgment was for $815 actual damages, and five hundred -dollars exemplary damages.

[1] The evidence is amply sufficient to support the findings of an unprovoked, willful, and malicious assault and battery. According to plaintiff’s testimony, he visited the fruit-canning establishment of which the defendant was manager to see him regarding some peaches consigned to the cannery by plaintiff, which had been rejected. Not finding defendant in the office, he hunted him up on the grounds, and was told by defendant that he (defendant) was busy, and to wait for him. After waiting a considerable time, plaintiff again sought the defendant, and this time was directed to the work-room of the cannery. He again approached defendant and asked to see him in the office; whereupon, as plaintiff testifies, “he went into a rage; he says, ‘Damn you, get out of…