Brown v. Palmer

DREW, Justice, Retired.

The decision of the lower court1 holds that “ * * * in a civil action for assault and battery, provocation by the plaintiff may be considered by the jury in mitigation of compensatory damages.”2 This holding is in direct conflict with the holding of Webb v. Brown,3 a case decided by this Court in 1912, where we said: “In a civil action to recover damages for an assault and battery, under a plea of not guilty, circumstances may be shown in evidence in mitigation of punitive damages, but not of actual damages.”4 To resolve this patent conflict we have granted certiorari.5

T…