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STENE v. HILLGREN

No. 9752-a.

98 N.W.2d 156 (1959)

E. O. STENE, Plaintiff and Respondent, v. Ralph O. HILLGREN, Defendant and Appellant.

Supreme Court of South Dakota.

September 3, 1959.

Attorney(s) appearing for the Case

James O. Berdahl, Sioux Falls, for defendant and appellant.

Gene E. Pruitt, Sioux Falls, for plaintiff and respondent.

HANSON, Presiding Judge.

Plaintiff seeks both compensatory and punitive damages in this action for an alleged malicious assault and battery. The action has been twice tried to a jury and is here for the second time on appeal. On the first trial the jury awarded plaintiff a verdict in the amount of $938. This verdict was vacated by the trial court and a new trial granted upon the ground of excessive damages appearing to have been given under the influence of passion...

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