Villines v. Tomerlin

Plaintiff brought this action for damages against the Motel Fresno, a copartnership, and David W. Tomerlin in which he charged that Tomerlin assaulted him on the Motel Fresno premises, and for negligence. Issue was joined and as an affirmative defense, defendants asserted self-defense and defense of property. At the commencement of trial the two causes of action sounding in negligence were dismissed and plaintiff’s claim for punitive damages was abandoned. The cause was tried by a jury on plaintiff’s theory of assault and battery and defendants’ theory of defense of self and property, and…