Badostain

Plaintiff had a verdict and judgment for damages for an assault and battery comlnitted on him by defendant. It was in evidence at the trial that plaintiff had been in the employ of defendant for a period of about eight months next before the said battery, during which time he had kept a horse on pasture at defendant’s premises; on settlement of accounts defendant deducted from the wages due him the sum of twelve dollars *427 for pasturage of the horse. Plaintiff testified that when he began work for defendant, he told the latter he wanted the horse pastured at his place, and defendant replied “all right”; that he, plaintiff, did not expect to pay for pasturage; that he told defendant, when the latter proposed to make such deduction from his wages, that it was more than the horse was worth; that thereupon defendant became enraged and struck him in the face. On behalf of defendant there was evidence that he gave to plaintiff an order or draft for the wages due him, less said charge for pasturage, which plaintiff accepted, but at the same time angrily applied to defendant an obscene and insulting epithet; that this occurred in the presence and hearing of defendant’s wife and two…