Stubbs

Plaintiff brought this action to recover damages for an alleged assault by an employee of the defendant. The jury rendered a verdict in favor of the defendant and from the judgment entered thereon plaintiff appeals.

The alleged assault occurred in front of defendant’s theater after some words had passed between plaintiff and defendant’s employee concerning the parking of plaintiff’s automobile near the entrance to said theatre. Plaintiff testified “he pushed me away from him”, while defendant’s witnesses testified that plaintiff slapped said employee in the face several times with her purse and that the employee merely put up his hands to protect himself. Plaintiff claimed that the employee had assaulted her, while defendant claimed that plaintiff had assaulted their employee.

In her complaint plaintiff asked for exemplary damages and she deemed it appropriate to allege ratification of the acts of the employee by the defendant company. (See Civ. Code, sec. 2339 ; Sullivan v. People's Ice Corp., 92 Cal. App. 740 [ 268 Pac. 934 ].) She alleged that the defendant “confirmed and ratified said assault and at all times thereafter until the filing of the complaint herein, the defendant…