BURKE, Judge.
This is an action for assault and battery. By stipulation the case was tried to the court without a jury and plaintiff obtained judgment for actual damages in the sum of $387.50. His prayer for exemplary damages was denied.
Defendant has appealed from the judgment and demanded a trial anew in this court. Upon this appeal appellant asserts that the judgment is contrary to the weight of the evidence in that the evidence establishes that defendant...
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