Politte v. Vanderzee

This is an action for assault and battery alleged to have been committed upon plaintiff by defendants while plaintiff was a patron at defendant McMullen’s restaurant and cocktail lounge. The case was tried to a jury. A verdict was returned for defendants. Plaintiff appeals from the resulting judgment.

There is no dispute in the evidence that the scuffle did take place between plaintiff and defendants Me- Mullen and McMullen’s employee, Vanderzee. Plaintiff alleged and testified that in addition to being hit by defendants, that defendant McMullen sprayed his face with mace. Defendants…