Johnson v. Sartain

OPINION OF

MIZUHA, J., IN WHICH TSUKIYAMA, C.J., JOINS.

This is an appeal by defendant-appellant Johnny Welch from a judgment for plaintiff-appellee, Benjamin F. Johnson, in an action for damages on account of injuries allegedly caused by an assault and battery by Alfred Imperial also known as Freddie Imperial. Alfred Imperial, who was a co-defendant, died before the trial, and as to another defendant Lee E. Sartain, who was in prison, the case was dismissed by the plaintiff.

In September 1952, plaintiff, while eating breakfast at the Mayflower restaurant, was approached by Alfred Imperial who…