Henson v. Planka

BRAY, J. Appeal by defendants from a judgment of the superior court, after jury verdict, awarding plaintiff damages in the sum of $1,000 for personal injuries received by plaintiff. A motion for new trial was denied automatically by expiration of time. Defendants contend: (1) that the evi[140]dence is insufficient.to justify the verdict; and (2) that the verdict is against the law.

Having in mind the rule as set forth in People v. McKnight, 87 Cal.App.2d 89, 98 [196 P.2d 104]—“The duty of this court is expressed in People v. Pratt, 77 Cal.App.2d 571 [175 P.2d 888], where the court at page 576 quotes from People v. Newland, 15 Cal.2d 678, 681 [104 P.2d 778], as follows: ‘“We must assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the verdict” ’ ”—there is sufficient substantial evidence to justify the verdict. Defendants’ briefs do not discuss the testimony of plaintiff, but assume that we must accept as true the evidence of defendants, and their propositions of law are based upon that assumption.

Plaintiff, on Christmas Eve, 1946, was ejected from a tavern owned by defendant Manuela Planka in the International Settlement in San Francisco. Defendant Apolinio Planka was bartender and manager at the time of the ejection. There is a direct contradiction between plaintiff’s story of what happened and the story as given by the defendant Apolinio and his witnesses.

It is not necessary to go into the full details of plaintiff’s ejection from defendants’ tavern. According to plaintiff’s testimony, he was minding his own business consuming “a few beers, ’ ’ but at no time intoxicated, when he was unjustly accused by Apolinio of bothering two of the feminine patrons. In spite of his denials, shortly thereafter, defendant Apolinio requested plaintiff to leave the place. Plaintiff was waiting for change from his last purchase of a bottle of beer and said that as soon as he received the change he would leave. Thereupon, without any cause or warning, defendant Apolinio seized and struck plaintiff. Some of the men in the tavern held plaintiff while Apolinio punched plaintiff in the face with both hands. Apolinio and others dragged plaintiff out and threw him into the street. His purse was lost in the scuffle. Police arrived shortly thereafter, and as plaintiff had no means of identification, they took him to jail. A misdemeanor charge was filed against him, but on the next regular day of business, December 26th, the charge was dismissed and plaintiff released from custody.