Stevenson

Plaintiff commenced an action against defendants, police officers of the city of Sacramento, and the city as their employer, alleging that said police officers as agents of said city did wilfully, unlawfully and maliciously attack, strike and beat plaintiff, and praying for compensatory damages in the sum of $25,000 and punitive damages in the sum of $5,000.

The ease against the city of Sacramento was dismissed by the court prior to trial, and following a trial before a jury, a verdict was returned awarding general damages in the sum of $1,500 and exemplary damages in the sum of $500 against the defendant police officers. A motion for a new trial was denied and this appeal is from the judgment entered upon the verdict.

While no contention is made that the evidence is insufficient to support the verdict, we believe it will be helpful to summarize very briefly the factual situation as shown by the record, before discussing the specific contentions of appellant.

The appellants, while acting as police officers, on October 26, 1951, at abopt 5 p. m., were patrolling K Street, in the city of Sacramento, between Fourth and Fifth Streets, in a patrol car, clearly designated as such.…