Fraguglia

From a judgment awarding damages for assault and battery the defendant has appealed.

The fight occurred about 6:15 on Friday morning, January 11, 1935, on the south side of Cornwall Street, between Second Avenue and Third Avenue, in the Richmond district of San Francisco.

The plaintiff and defendant were stockholders and employees of the Sunset Scavenger Company. For several years they had worked together on the same garbage truck collecting garbage from customers. On the morning in question, it being his turn, Fraguglia had the job of remaining in the box of the truck and of spreading the garbage and separating and stowing away in barrels or blankets the bottles and waste paper and other salvagable material which he might find in the garbage brought in. The duty of gathering the garbage and depositing it in the truck rested upon Sala and three other men, Renati, Scocca and Campi. Renati was the so-called “boss of the truck”. Sala was second in command. Scocca was a regular member of the crew and usually drove the truck, besides gathering garbage. Campi was an extra man employed, not by the company, but by the other four to lighten their labors around Christmas time when their…