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JOHNSON v. SARTAIN

No. 4208.

46 Haw. 112 (1962)

375 P.2d 229

BENJAMIN F. JOHNSON v. LEE E. SARTAIN, ALSO KNOWN AS EDDIE SARTAIN, JOHNNY WELCH, AND ALFRED IMPERIAL, ALSO KNOWN AS FREDDIE IMPERIAL.

Supreme Court of Hawaii.

October 10, 1962.

Attorney(s) appearing for the Case

John R. Desha, II for defendant-appellant.

Greenstein & Franklin (Hyman M. Greenstein) for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF MIZUHA, J., IN WHICH TSUKIYAMA, C.J., JOINS.

This is an appeal by defendant-appellant Johnny Welch from a judgment for plaintiff-appellee, Benjamin F. Johnson, in an action for damages on account of injuries allegedly caused by an assault and battery by Alfred Imperial also known as Freddie Imperial. Alfred Imperial, who was a co-defendant, died before the trial, and as to another defendant Lee E. Sartain, who was in prison, the case was dismissed by the...

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