Henrickson v. Sebanc

KAUFMAN, P. J. Plaintiffs, Francis O. and Hannah Henrickson (husband and wife) and their minor son, William 0. Henrickson (by his guardian ad litem) appeal from a judgment in favor of the defendant, Paul L. Sebanc, denying them relief on a complaint for assault and battery. The ease was tried without a jury. The trial court found that the defendant had not unjustly and without cause or provocation assaulted the plaintiffs; that the plaintiffs had not suffered any injury or damage as a proximate cause of defendant’s acts; that defendant acted in self-defense as to the adult plaintiffs; that the medical expenses incurred by Hannah Henrickson and William Henrickson were not incurred by reason of any act of the defendant; and that the defendant was not entitled to any relief on his cross-complaint. No appeal is taken from the judgment on the cross-complaint.

On appeal, the plaintiffs contend: (1) that the evidence is insufficient to support the judgment; (2) that the findings of fact do not support the conclusions of law; (3) that the court erroneously restricted the cross-examination of the defendant by plaintiffs’ counsel.

The facts, as revealed by the record, are as follows: The home of the plaintiffs at 1723-30th Avenue in San Francisco, is two houses away from the home of the defendant at 1731 30th Avenue. The defendant testified that about 6:30 p. m. on May 4, 1956, he was reading the paper after dinner when he heard a “terrific” explosion in the vicinity of the tunnel-like entrance to his home. The explosion caused his two younger daughters, who were playing in the basement, to scream and cry. Mr. Sebanc ran to the front window in time to see the “Henrickson boy” leave the area. Mrs. Sebanc had seen the Henrickson boy go beneath the balcony and then heard the firecracker go off.

Mr. Sebanc ran to the basement of his home to see if his daughters were injured. On finding that they were not, he went outside. He saw the plaintiff, William Henrickson (age 12) coming out of his garage, and accused him of exploding the firecracker, which the boy denied and placed the blame [596]on his two friends, David Welinsky and George Shoblo. Mrs. Betty Aronson, a neighbor who lived at 1727-30th Avenue, between the homes of the plaintiffs and defendant, saw David and George in the Henrickson backyard at the approximate time of the explosion, and heard one of the two remark: “Let’s get out of here, Olie’s [the nick-name of plaintiff William 0. Henrickson] in trouble again.” At the trial, David Welinsky denied making this remark, and testified that he lit the firecracker and George threw it.