The District Court rightly ruled that recovery of exemplary or punitive damages, in a civil action for assault and battery, is not precluded by the fact that the defendant may be liable to criminal prosecution, 1 and also that the defendant’s financial condition is admissible in evidence as bearing on the amount of such damages. Brown v. Evans, C.C., 17 F. 912; affirmed, Evans v. Brown, 1883, 109 U.S. 180, 3 S.Ct. 83, 27 L.Ed. 898; notes, 16 A.L.R. 771, 798, 838, 123 A.L.R. 1115, 1122, 1136.

Affirmed.