Henry Herdman v. Erwin J. Smith

POLITZ, Circuit Judge:

On November 12, 1978, Erwin J. Smith, defendant, accompanied his employee, Charles Weekworth and Weckworth’s wife Suzanne, to a New Orleans Saints football game. After Weekworth parked on a public street near the Superdome, two teenage boys approached him and demanded $2.00, otherwise his auto would be damaged. Weekworth refused to pay this “protection” money. When the trio returned, Week-worth’s tires were slashed.

After questioning people in the area, Smith concluded that Henry Herdman, owner of a nearby parking lot, was responsible for the vandalism. Without further…