Abbott v. Coronado Beach Co.

SHAW, J.

Action to recover damages for an assault committed upon plaintiff by defendant Williams, who is alleged to have acted under the direction of Coronado Beach Company, a corporation. At the close of plaintiff’s evidence the court sustained a motion for a nonsuit against the corporation, and after evidence adduced on the part of Williams the jury rendered a verdict in favor of plaintiff for damages in the sum of two thousand dollars, from which he has appealed.

Appellant specifies a number of errors upon which he claims the judgment should be reversed.

The complaint was unverified and based upon the alleged fact that after plaintiff, who was a waitress at the Coronado Hotel, had severed her employment therewith, and while she was preparing to leave, defendant Williams, who was a house detective, called upon her at the dormitory assigned to the use of such employees, at which time there was an altercation between them as to why she continued her stay, and, acting under the direction of the defendant Coronado Beach Company, he, with force and violence attacked her and dragged her along the hall of said dormitory and otherwise violently maltreated her. In his answer Williams denied the making of the assault and each and every allegation of the complaint, and as a separate defense al

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leged that on the date of the alleged attack he called upon plaintiff at the dormitory to inquire why she had not vacated her room therein, and when she would do so, at which time plaintiff, who was a strong and able-bodied woman, without any cause or provocation on the part of defendant, became excited and angry and raised a bottle, which she had in her hand, with which to strike him; whereupon he grappled with plaintiff, and using no more force than was necessary so to do, took from plaintiff the bottle with which she was armed.

It thus appears that two issues were presented to the jury for determination, the first of which was whether there was an assault made by defendant upon plaintiff, the burden of establishing which devolved upon her; and the second, assuming that he did, whether he was justified in doing so in self-defense, the burden of showing which devolved upon defendant.

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