Farnsworth
Farnsworth v. Cote
Opinion
Opinion
Jefferson, J.
This is an appeal by plaintiff from a judgment in favor of defendants in an action brought by plaintiff for trespass, false arrest, false imprisonment, “kidnapping,” malicious prosecution and conspiracy to commit such torts.
Evidence introduced at the trial disclosed the following facts: For several years appellant Roy Ransom Farnsworth and respondent Ida M. Cote were adjoining neighbors in Long Beach, California. Shortly after 9 p. m. on December 20, 1956, as respondent Cote was on her porch about to enter her home, she looked across the porch into an open window with a partially raised Venetian blind at the side of appellant’s house and saw him seated beneath a light masturbating his erect penis. Miss Cote went across the street to the home of a friend, respondent Nellie Lynn, and asked her to go to Miss Cote’s porch to witness appellant’s actions while she stayed at Mrs. Lynn’s home. Mrs. Lynn ran across the street to Miss Cote’s porch and viewed Mr. Farnsworth as previously described. As she was returning home she met a neighbor, Mr. Davis, deceased at the time of the trial, and asked him to go to Miss Cote’s porch. He went to the porch and thereafter accompanied Mrs. Lynn to…