SHEPARD, J.
This is an appeal by plaintiff from a judgment for defendant in a personal injury action.
FACTS
Sometime between 12 midnight and 2 a.m. of May 3, 1960, at the Apache Café, San Bernardino, California, an altercation occurred between plaintiff, Luis Perea Rivas, age 34, weight 215, a cook's helper, and defendant Arnulfo Ayala, age 70, weight 165, a retired Santa Fe railroad worker. While the broad outlines of what happened are not...
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