Long (defendant) approached Seigel (plaintiff) after learning that someone scared his horses, causing the horses to run away and break his rake. Long placed his hand on Seigel’s forehead and pushed Seigel’s hat back so Long could see Seigel’s face. Long claimed he was provoked at the time he touched Seigel’s face, arguing that he was angry at the person who scared his horses and caused them to run away. Long told Seigel that if Seigel was not the one responsible for frightening Long’s horses, Long owed him an apology. Seigel sued Long for assault and battery. Seigel requested a favorable jury opinion, and the trial court denied that request.