Barouh v. Haberman

Opinion

VOGEL (C. S.), J.

- Plaintiff and appellant Robert Barouh brought this action against defendant and respondent Morton Haberman for battery and negligent personal injury. The action was tried to a jury, which found by special verdict that defendant was not negligent (12-0) and that defendant did not commit battery (9-3). Plaintiff appeals from the judgment on the jury verdict, contending the evidence does not support the verdict and the court erred in refusing plaintiffs requested special instructions on battery. Agreeing with the latter contention, we reverse for a new trial.

Facts

Plainti…