#### Abe E. Friedman, Defendant in Error, v. Joseph Shuflitowski, Plaintiff in Error.

Gen. No. 17,532.

(Not to be reported in full.)

Error to the Superior Court of Cook county; the Hon. Richard E. Burke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Reversed and remanded.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Abe E. Friedman against Joseph Shuflitowski for damages for personal injuries from alleged assault by defendant upon plaintiff. From a judgment *6for plaintiff for five hundred dollars, defendant brings error.

Abstract of the Decision.

1. Evidence, § 423 * —when expert cannot testify as to cause of injury. Where there is a conflict in the evidence whether plaintiff received an injury as claimed, the opinions of medical witnesses upon that subject are not competent.

2. Evidence, § 471*—what weight necessary. The jury are not required in a civil case to be “satisfied” from all the evidence.

3. Assault and battery, § 7*—what constitutes self-defense. An instruction in an action for assault which requires defendant to establish that an act of alleged self-defense was necessary instead of requiring, him to show that it reasonably appeared to be necessary, is erroneous.

4. Instructions, § 62*—assuming facts. An instruction in an action for assault, which -allows the jury to award exemplary damages if malice has been shown without conditioning it upon defendant’s having been found guilty, is erroneous.

J. G. Grossberg and George M. Weichelt, for plaintiff in error.

Henry T. Chace, Jr., for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice MoSurely

delivered the opinion of the court.