Leaman v. Feinman

WESTERFIELD, Judge.

This is a suit for damages for an assault and battery. Plaintiff was awarded a judgment for $2,522, and defendant has appealed.

It is contended that plaintiff was the aggressor, and therefore not entitled to any award in damages, and, in the alternative, that the sum allowed is grossly excessive. Complaint is made of a ruling of the trial judge excluding evidence of provocation. Plaintiff, while on the stand, was asked: “Were you on Carondelet Street about a year ago driving behind an automobile, which your former wife was driving and you used Offensive terms toward her…