Waldron v. Hammond

This is an appeal by a tavern keeper from a judgment entered upon a jury verdict awarding damages to a patron assaulted in the tavern by another patron. The evidence, viewed in a light most favorable to respondent, 1 indicates the following factual pattern:

On April 5, 1964, plaintiff-respondent Donald C. Waldron was a paying patron of the Wagon Wheel Tavern, owned and operated by defendant-appellant Percy N. Rogers. Another patron of the tavern, defendant Bruce M. Hammond, rowdily struck a third patron in the nose without apparent provocation. Waldron orally registered his disapproval.…