Anthony

This is an action to recover damages for personal injuries sustained by the plaintiff.

The court below found that on the fourth day of July, 1892, the defendant “ did willfully and violently assault the plaintiff, Adolph Anthony, and the said defendant did then and there willfully and violently bite off with his teeth, and sever from said plaintiff’s right hand, a portion of the fourth finger of said hand, to wit: said defendant did so bite off the said finger of plaintiff just below the first joint thereof; that by reason of said assault and biting, as aforesaid, said plaintiff has at all times since said fourth day of July, 1892, been disabled from following his usual occupation of a miner, and has been disabled from attending to his business as such,” and has been damaged in the sum of two hundred and fifty dollars, for which he is entitled to judgment.

Judgment was accordingly entered against the defendant for the sum named, from which and from an order denying a new trial he appeals.

It appears from the bill of exceptions that when the plaintiff rested his case at the trial a witness was called for the defendant, and testified that he had known defendant for eighteen…