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BOSCHERT v. EYE

No. 48104.

349 S.W.2d 64 (1961)

Marcellus BOSCHERT, Appellant, v. Harold EYE, Respondent.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied September 11, 1961.

Attorney(s) appearing for the Case

Rollin J. Moerschel, Niedner & Niedner, St. Charles, for appellant.

Samuel Richeson, Dearing, Richeson & Weier, Hillsboro, for respondent.

COIL, Commissioner.

Marcellus Boschert, plaintiff below, sought $25,000 as actual and $10,000 as punitive damages for alleged injuries received as a result of an alleged assault and battery which he claimed defendant committed with his fists. Defendant denied an unprovoked assault and battery and averred that any injuries plaintiff sustained by reason of being struck by defendant were inflicted by defendant in the necessary

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