Coorough

On June 3, 1956, plaintiff suffered personal injuries in the course of being ejected by defendant, Alice DeLay, a cocktail waitress, from a barroom owned and oper ated by defendant Vince Dundee, Jr., in the city of Glendale. Compensatory and punitive damages were sought for the alleged assault and battery, and the jury returned a general verdict in favor of both defendants. Plaintiff’s motion for a new trial was denied. On this appeal from the judgment entered on the jury verdict, plaintiff challenges the sufficiency of the evidence as a matter of law to sustain the jury’s implied finding that reasonable force was used to accomplish her expulsion from the premises; and claims reversible error in the giving and refusal of certain instructions.

As is our duty, we recount the evidence in the light most favorable to the respondents and indulge all intendments and reasonable inferences which favor the sustaining of the trier of fact (Berniker v. Berniker, 30 Cal.2d 439, 444 [ 182 P.2d 557 ]). Such evidence discloses that between 10:15 and 10:30 on the evening of June 2, 1956, appellant, unescorted, entered Vince Dundee’s Café and took a seat at the bar. Immediately prior to her…