Rogers v. Kabakoff

Plaintiff instituted this action to recover damages for assault and battery allegedly committed upon him by defendant. The cause was tried before the court sitting without a jury, resulting in a judgment for plaintiff in the sum of $1,500. Defendant appeals.

Narrating the evidence in a light most favorable to plaintiff who prevailed at the trial, the record discloses that defendant parked his automobile in plaintiff’s parking lot in such a way that it occupied portions of two different parking stalls, locked the vehicle and left it on the lot all day. Upon the lot plaintiff had posted a sign…