#### Charles Wiegman, appellee, v. Michael Marshall and Consumers Sanitary Coffee & Butter Stores, appellants.

Gen. No. 30,663.

Action for assault and battery. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry B. Miller, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.

Affirmed if remittitur is filed.

Opinion filed May 25, 1926.

Kelly & Murphy, for appellants; James D. Murphy, of counsel.

Albert A. Gomberg and Charles C. Spencer, for appellee.

Mr. Justice Fitch

delivered the opinion of the court.