Ayer

The present action is against E. W. Robinson and his son, Ray Robinson, for damages for assault. Defendants filed a joint answer, in which Ray Robinson admitted striking plaintiff, but alleged as an affirmative defense to the action that he did so in self-defense. It was also alleged as a defense that any violence committed by defendants was provoked by plaintiff’s vile and abusive language, and by his unlawful “interference” with E. W. Robinson. After an extended trial, the court made findings and entered judgment in favor of plaintiff and against both defendants for $8,500 compensatory damages and $1,000 exemplary damages. E. W. Robinson appeals from the judgment; Ray Robinson has not appealed.

Plaintiff was employed as a truck driver by John Ferroni, who transported race horses to and from various tracks in California during racing seasons; appellant was one of Ferroni’s competitors. On the morning of October 11, 1954, plaintiff drove a van belonging to Ferroni to a railway station near the Hollywood Park race track in order to pick up some harness horses that were scheduled to arrive by train from the east. At the station was a dock which was used primarily for the loading…