Opinion
Gen. No. 9,607. (Abstract of Decision.)
Opinion filed February 7, 1941 Rehearing denied March 17, 1941
ASSAULT AND BATTERY, § 22 — sufficiency of evidence. Where defendant after a heated argument ejected plaintiff from his law office and struck him in the eye while he was wearing glasses, causing loss of sight of one eye, judgment for plaintiff was not contrary to the manifest weight of the evidence, malice was properly found to be the gist of the action, and it could not be contended evidence was improperly admitted because in trial before court without a jury, it would be presumed that court considered only the competent evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Peoria county; Hon. BEN F. ANDERSON, presiding.
Affirmed. Heard in this court at October term, 1940.
Clarence W. Heyl and Robert E. Kavanaugh, for appellant;
Irving L. Block and Harold Sternfield, for appellee.
"Not to be published in full." Opinion filed February 7, 1941; rehearing denied March 17, 1941.