#### Harry Romman, Defendant in Error, v. Walter Z. Marx, Plaintiff in Error.

Gen. No. 20,253.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed March 8, 1915.

Statement of the Case.

Action by Harry Romman against Walter Z. Marx to recover damages for assault and battery. From a judgment on a verdict for three hundred dollars in favor of plaintiff, defendant brings error.

*548Abstract of the Decision.

1. Assault and batteby, § 22*—when damages not excessive. In a civil action for assault and battery, a verdict for three hundred dollars is held not to be excessive.

2. Assault and batteby, § 13*—admissibility of weapon in evidence. In an action for damages for assault and battery, the admission in evidence of a file, which was not found until two days after the assault and which was not shown to have been used by the defendant, held not to have been prejudicially erroneous, since the jury fnight have properly found from the evidence, that the defendant inflicted the injuries by striking the plaintiff upon the head with some instrument.

Leo Koretz and Elmer, Cohen & Belasco, for plaintiff in error.

Arnold Heap, for defendant in error.

Mr. Justice Baker

delivered the opinion of the court.