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BYRE v. WIECZOREK

No. 11139-a-FRW.

217 N.W.2d 151 (1974)

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

Supreme Court of South Dakota.

April 25, 1974.

Attorney(s) appearing for the Case

Charles Rick Johnson, Johnson & Johnson, Gregory, Sam Masten, Canton, for defendant and appellant.

J. L. Morgan, Morgan & Fuller, Mitchell, for plaintiff and respondent.

WINANS, Justice.

This action in tort for damages against the defendant because of a battery against plaintiff on May 10, 1969 is before us for the second time. The first trial resulted in a verdict in favor of plaintiff, and upon appeal, this court in its reversal limited the issues to be tried to actual damages. The second trial on the issue of damages again resulted in a verdict for the plaintiff, this time in the sum of $60,000. The appeal is from the judgment...

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