McAfee v. Ricker

GRIFFIN, P. J.

Plaintiffs and respondents, husband and wife, brought this action against defendant and appellant alleging generally that on March 23, 1959, defendant willfully, maliciously and violently struck and beat them, without cause or provocation, causing them personal injuries.

[632]

Defendant answered, denied these allegations and alleged that if any injuries were sustained they were the result of an unprovoked assault on him and he was acting in self-defense.

After trial by the court, sitting without a jury, it found generally in accordance with the allegations of plaintiffs’ complaint and against defendant’s contentions. It awarded judgment in favor of plaintiff wife for $1,500 general and special damages, including $568 in medical bills and, in addition, $500 punitive damages, was awarded. It found plaintiff husband was entitled to $250 general damages and $100 punitive damages.

Defendant appeals and argues that the trial court erred in applying the law of self-defense. (Citing

Fraguglia

v.

Sala,

17 Cal.App.2d 738 [62 P.2d 783] and

Vaughn

v.

Jonas,

31 Cal.2d 586 [191 P.2d 432].) He also claims the findings are contrary to the evidence and the judgment is based on improper findings and conclusions.

Evidence

Plaintiffs and defendant were next-door neighbors. Defendant complained because plaintiffs parked their cars in front of his home too often. Plaintiffs testified that on two occasions they resorted to a hearing before the city prosecutor about the conditions prevailing and because defendant used abusive language toward plaintiff wife.

The evidence as to the occurrence on March 23, 1959, is in conflict. Plaintiffs testified they had been driving a new car and that their other ear was parked in their driveway; that plaintiff wife backed the older car out of their driveway where it had been parked and parked it in front of defendant’s home until the new car could be placed in their garage and they then replaced the old ear back in their driveway; that about that time defendant came out into the street and called plaintiff wife a bad name; that plaintiff husband objected; that defendant told him he was yellow and to come on out into the street; that plaintiff husband took off his coat and started out and defendant told him he was a coward because he did not take off his glasses; that plaintiff husband returned and placed his glasses with his coat, believing he had a right in the street, and that defendant could legally do nothing about it; that as he approached defendant, defendant had his fists in a fighting position and on his arrival, without any cause of plaintiff husband, defendant struck him in the jaw with a left hook and knocked him to the ground;