Westerland v. Argonaut Grill

This action is one to recover damages by respondent because of injuries sustained by the use of excessive force by the agent of appellant in ejecting respondent from a beer parlor operated by appellant in Seattle. Appellant made timely motions for dismissal at the end of respondent’s case, at the end of all of the testimony, and for a judgment n. o. v. after judgment. Appellant made no motion for a new trial, and the evidence admitted and instructions given are of course beyond question.

Appellant, by one of its officers, admitted, in answer to interrogatories, that one Chris Reed was employed…