WOLFE, Chief Justice.
This is an action to recover damages for assault and battery. It was tried without a jury and judgment was entered for the plaintiff, Le Roy Mecham, for $1,000 general and $100 punitive damages. The case was dismissed with prejudice against the Dry Gulch Irrigation Company. The defendant, Matthew Foley, appeals, contending that the court erred: (1) in dismissing the counterclaim because the evidence indicates that plaintiff was the aggressor...
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