Sommerfeld then called the police and Hammond departed the tavern by the back door. At a moment when her attention was devoted to other duties, Hammond, without warning, struck Waldron knocking him from his barstool to the floor thereby inflicting severe and disabling injuries. Sommerfeld refused him service and, instead of calling the police, undertook to engage him in pacifying conversation. Sommerfeld came on duty in the tavern, Hammond returned. In the meantime, Hammond with some of his friends visited and indulged at other establishments, and, so the evidence indicates, discussed the prospects of "getting somebody," presumably Waldron. Sylvia Sommerfeld, who would be in charge during the evening. Appellant Rogers, an experienced tavern keeper and one wise in the ways of pugnacious patrons, in turn, instructed the bartender to call the police if Hammond returned while Waldron was in the tavern and to pass such instructions on to the lady bartender, Mrs. Although Waldron refused to sign a complaint, the police contacted Hammond and extracted a promise that he would not return to the tavern that evening nor cause further trouble. The police and appellant Rogers were then called and informed of the situation.
Upon observing that Hammond might receive more than moral support from two friends, Waldron withdrew to the tavern where he requested the bartender to notify the police. Waldron reluctantly accepted the invitation and the men journeyed to the appointed place. Hammond thereupon extended an invitation to Waldron to settle their difference of opinion over fists in the vacant lot across the street. Waldron orally registered his disapproval. Hammond, *362 rowdily struck a third patron in the nose without apparent provocation. Another patron of the tavern, defendant Bruce M. Waldron was a paying patron of the Wagon Wheel Tavern, owned and operated by defendant-appellant Percy N. On April 5, 1964, plaintiff-respondent Donald C. The evidence, viewed in a light most favorable to respondent, indicates the following factual pattern: 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 Supreme Court of Washington, Department Two.
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