Herman v. Glasscock

In an action for damages resulting from a battery, judgment went against defendant in the sum of $1,000 as a compensatory award and $1,000 for punitive damages. Defendant grounds his appeal upon the claims (1) that the evidence is insufficient to support the compensatory relief and (2) that plaintiff, having been the aggressor in the encounter, is not entitled to damages by way of punishment.

On the morning of August 21, 1941, both parties were proceeding in their automobiles eastward along Olympic Boulevard in Los Angeles. At the intersection of La Brea Avenue defendant’s car struck and…