Haskins

Appeal by defendant from a judgment rendered in an action for damages growing out of an assault.

Defendant struck plaintiff on the jaw with sufficient force to render him unconscious, to fracture his jaw and cause other injuries less severe. Before the time of trial, all plaintiff’s teeth were extracted and he was fitted with dentures.

After trial before the court without a jury, compensatory damages in the sum of $8,500 were awarded to plaintiff, based on a finding that he had suffered a “scalp laceration, a concussion, fracture of his jaw bones and loss of his teeth and a permanent misalignment of his jaw.” Punitive damages were fixed at $1,000.

Defendant moved for a new trail and on the hearing of the motion it was conceded that the evidence was insufficient to prove that the loss of all plaintiff’s teeth was caused by the blow. The court stated: “I will re-examine the evidence . . . and endeavor as best I can to recalculate it.” Several days later, the findings and judgment were modified by reducing the compensatory damages from $8,500 to $8,000. Defendant contends the record now indicates that the court made a deduction of $500 solely because the allowance for loss of…