Dannenberg v. Berkner
Supreme Court of Georgia
Action for damages. Before Judge Eelton. Bibb superior court. August 3, 1903. This is the second time the case has been before this court. See 116 Ga,. 954 The plaintiff and the defendants were in a street-car. He was drunk and used an opprobrious epithet to one of them, and an altercation ensued. One of the defendants cried out that the plaintiff was armed, and a bystander searched him and reported that he had no pistol.
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Action for damages. Before Judge Eelton. Bibb superior court. August 3, 1903. This is the second time the case has been before this court. See 116 Ga,. 954 The plaintiff and the defendants were in a street-car. He was drunk and used an opprobrious epithet to one of them, and an altercation ensued. One of the defendants cried out that the plaintiff was armed, and a bystander searched him and reported that he had no pistol. He was then put on the front platform of the car, and while there he turned and repeated the epithet; whereupon the defendants attacked him through the window. He was kicked…
1Opinion of the CourtLamar, J.
1, 2. It is unnecessary to consider whether under Malone v. State, 49 Ga. 218, and Wall v. State, 69 Ga. 766, the conduct of the plaintiff was such as to demand a charge on the subject of reasonable fears; because the court gave the defendants the full benefit of that principle, and repeatedly charged that they might consider whether, in making the battery, the defendants *889were acting under the fears of reasonable men. Nor was it error requiring the grant of a new trial to instruct the jury that they might consider the character of the plaintiff for turbulence, so far as known to the…
2Cases cited11 opinions
- Griffin v. HendersonSupreme Court of Georgia · 1903
- Doyal v. StateSupreme Court of Georgia · 1883
- Bell v. MorrisonMississippi Supreme Court · 1854
- Malone v. StateSupreme Court of Georgia · 1872
- Peavy v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Henderson v. StateSupreme Court of Georgia · 1975
- Cain v. SkillinSupreme Court of Alabama · 1929
- Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911
- Thompson v. ShelvertonSupreme Court of Georgia · 1908
- Campbell v. AarstadSupreme Court of Minnesota · 1914
3 more not listed; retrieve them via the Exa API.