Garcia v. De Leon

CLAGETT, Associate Judge.

Appellant, janitor of a rooming house conducted by appellee, brought suit against her for injuries incurred while he was attempting to eject two allegedly disorderly persons who had come to call on roomers at the premises. The trial court directed' a verdict in favor of appellee, who was defendant .below, and plaintiff prosecutes this appeal.

There was sharp conflict in the evidence as to whether the altercation was started by appellant or by the two persons he sought to evict. Admittedly, however, appellant was struck by one of the persons with a baseball bat and…