Pizitz v. Bloomburgh
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; James A. Mitchell, Special Judge. Action by Mrs. William B. Bloomburgh against Louis Pizitz for damages for an assault and battery. There was judgment for the defendant, which on motion of the plaintiff was set aside and new trial awarded, from which latter order and judgment defendant appeals. The charge made the basis of the order, granting a new trial was properly given in the first instance, and the order was error.
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Appeal from Circuit Court, Jefferson County; James A. Mitchell, Special Judge. Action by Mrs. William B. Bloomburgh against Louis Pizitz for damages for an assault and battery. There was judgment for the defendant, which on motion of the plaintiff was set aside and new trial awarded, from which latter order and judgment defendant appeals. The charge made the basis of the order, granting a new trial was properly given in the first instance, and the order was error. Waterman on Trespass, § 146; 2 Greenleaf on Ev. § 85; 67 111. 132, 16 Am. Rep. 615'; 55 111. App. 605; 5 C. J. 624, 622, and 655;…
1Opinion of the CourtMcCLELLAN, J.
[1, 2] Action for damages for an assault and battery, instituted by appellee against appellant. A verdict for defendant, appellant, was returned by the jury. The motion for new trial was granted on the ground that the court erred in giving, at the request of defendant, this instruction:
“(7) To make out a case of assault and battery it must appear that the wrong or injury was intentionally done.”
In this jurisdiction it has been soundly declared and established that to maintain a civil action for damages for an assault and battery it is not essential that the infliction of injury upon the party…
2Cases cited3 opinions
- Seigel v. LongSupreme Court of Alabama · 1910
- B'ham Ry. L. & P. Co. v. ColemanSupreme Court of Alabama · 1913
- Carlton v. HenrySupreme Court of Alabama · 1900
3Cited by6 opinions
- Sellers v. EdwardsSupreme Court of Alabama · 1972
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
- Stevens v. Rice (In Re Rice)United States Bankruptcy Court, N.D. Alabama · 1982
- Honeycutt v. Louis Pizitz Dry Goods Co.Supreme Court of Alabama · 1938
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
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