#### Anthony Batek, appellant, v. Harold E. Goodwin, appellee.

Gen. No. 30,506.

Action for assault and battery. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. Harry W. McEwen, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.

Reversed and cause remanded.

Opinion filed May 5, 1926.

Morton T. Culver, for appellant. No appearance for appellee.

Mr. Presiding Justice Thomson

delivered the opinion of the court.