PHELPS, Justice.
The facts out of which this legal controversy arose are as follows: On March 7, 1948, Jesus Ramirez, appellant, was seriously injured by being struck by a beer bottle either thrown by or in the hands of one Alfonso Gill. Shortly after dark on that date Ramirez arrived at the store of Saturnino Chavez, appellee herein, located in the Gila Valley in Yuma County. Ramirez was looking for a man by the name of Rodriguez from whom he desired to borrow some...
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