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BYRE v. WIECZOREK

No. 10882.

190 N.W.2d 57 (1971)

Edward BYRE, Plaintiff and Respondent, v. Bruno WIECZOREK, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied November 5, 1971.

Attorney(s) appearing for the Case

Morgan & Fuller, Mitchell, for plaintiff and respondent.

Johnson & Johnson, Gregory, John W. Keller, Chamberlain, for defendant and appellant.

BIEGELMEIER, Judge.

The plaintiff brought this action, sounding in tort, for damages against the defendant because of a battery on his person that occurred on May 10, 1969. The case was tried to a jury that returned a verdict on that claim in favor of the plaintiff of $54,873.83, and defendant appeals. Defendant contends the verdict was so excessive as to clearly indicate it was the result of prejudice or passion on the part of the jury and the evidence is insufficient...

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