DiGiorgio

Plaintiff Dorothy DiGiorgio brought this action against defendant A1 Indiveri for personal injuries. Her complaint sets out causes of action for both negligence and assault and battery. The judge sitting without a jury found for her on the negligence count, and against her contentions on the count of assault and battery.

The action grew out of an incident which occurred in a restaurant, Paul’s Barbecue, located in San Jose, on April 30, 1957, at approximately 2 a. m. Both parties were patrons of the restaurant and had been drinking before their meeting. Plaintiff, awaiting her husband’s arrival, was sitting in a booth with her sister-in-law. After they had been there a short time, they were joined in the booth by a Mr. Raineri, and a few minutes later the defendant came over. The plaintiff had a cup of coffee and a glass of water on the table in front of her when the defendant arrived; the defendant had a cup of coffee with him. The defendant told plaintiff he knew her from somewhere; she said that she did not know him and asked him to leave the table. Plaintiff stated she did not watch the defendant as he got up to leave; all she recalled was that he called her a name, and the…