VALLEE, J.
Appeal by plaintiff from a judgment for defendant in an action for damages for assault and battery. The cause was tried by the court without a jury.
The evidence, stated in the light most favorable to the prevailing litigant, discloses that on May 21, 1950, about 10:30 p.m., plaintiff went to the home of defendant, a neighbor, to inquire about his dog which was missing and which frequently
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