Abbott

Abbott v. Coronado Beach Co.

Caution
1921 Cal. App. LEXIS 54·55 Cal. App. 179·203 P. 145
Court of Appeal of CaliforniaNovember 14, 1921Civ. No. 3737.California1,400 words

Opinion

Lead Opinion

Shaw, J.

Action to recover damages for an assault committed upon plaintiff by defendant Williams, who is alleged to have acted under the direction of Coronado Beach Company, a corporation. At the close of plaintiff’s evidence the court sustained a motion for a nonsuit against the corporation, and after evidence adduced on the part of Williams the jury rendered a verdict in favor of plaintiff for damages in the sum of two thousand dollars, from which he has appealed.

Appellant specifies a number of errors upon which he claims the judgment should be reversed.

The complaint was unverified and based upon the alleged fact that after plaintiff, who was a waitress at the Coronado Hotel, had severed her employment therewith, and while she was preparing to leave, defendant Williams, who was a house detective, called upon her at the dormitory assigned to the use of such employees, at which time there was an altercation between them as to why she continued her stay, and, acting under the direction of the defendant Coronado Beach Company, he, with force and violence attacked her and dragged her along the hall of said dormitory and otherwise violently maltreated her. In his answer Williams denied the…

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