COMBS, Justice.
Appellant filed this action for damages against appellees, French Toms, sheriff, and Ray Thomas, deputy sheriff of Casey County. He alleged that on November 5, 1946, appellee Ray Thomas, while acting in his official capacity as deputy sheriff, and after placing appellant under arrest, discharged a tear gas gun into appellant's face, thereby seriously injuring his face and eyes.
The lower court directed a verdict for appellee Toms at the conclusion...
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