DORAN, J.
This is an appeal from a judgment in an assault and battery action, awarding respondent compensatory damages in the sum of $5,000, and exemplary damages of $1,000. The appellant complains that the trial judge committed error in refusing to grant a continuance, in giving certain jury instructions, and on the ground that the award of damages is excessive.
The record discloses that the plaintiff, defendant, and another couple, had been dining, drinking...
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