Alfred J. Stecklein and Lillian Stecklein

This is an appeal by Fred Montgomery, defendant-appellant, from a judgment in favor of plaintiffs-respondents, Alfred J. and Lillian Stecklein, husband and wife, in an action involving an alleged roadway across property owned by respondents, and for damages for injuries resulting from an alleged assault and battery. The court affirms the award of damages for the personal injuries, and reverses the balance of the judgment and remands for new trial. The Steckleins filed this action against Montgomery seeking to enjoin him from trespassing on Stecklein property, for damages for various instances of alleged trespass and for assault and battery resulting from an altercation during one of the alleged trespasses. Montgomery counterclaimed, alleging that a public road traversed Stecklein's property and that Steckleins had caused him damage by preventing his use of the public road. Montgomery also sought damages for assault and battery. Following trial, judgment was entered in favor of Steckleins on all counts except general and punitive damages for trespass. Montgomery was denied relief on his counterclaims.