Frickstad

Action for damages for false arrest and imprisonment. Trial by the court without a jury. Findings and judgment for defendant. Plaintiff appeals therefrom and from an order denying his motion for a new trial.

The plaintiff, at the time of the arrest and imprisonment complained of, which occurred on the eleventh day of August, 1926, was seventy-nine years of age, somewhat infirm from a nervous affliction and of rather irascible disposition.

The defendant was a dentist practicing in the city of Oakland, and for a period of about a year the plaintiff had visited the defendant’s office for the purpose of having dental work done involving the construction and fitting of artificial teeth. The plates had been several times remade by the defendant or his assistant, the last work of that nature having been done about three weeks before the time of the incident which is the subject of this action. At that time some change was made in the lower set or i plate at the request of the plaintiff, and on August 11, «1926, plaintiff returned to the office of the defendant, where he was received by an attendant and placed in an operating chair. He then complained to the defendant that the lower…