PER CURIAM.
This is an appeal after a trial to the Court without a jury which resulted in a judgment for the plaintiff-appellee for $10,000 compensatory damages and $3,000 punitive damages. The parties will be referred to as in the court below.
Suit was brought by the plaintiff after he suffered a gunshot wound on September 30, 1970. The facts are in dispute, but viewing the evidence in the best light for the plaintiff it appears that he and
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