Taylor v. Gentry

OPINION

MASSEY, Chief Justice.

Alfred Junior Gentry brought suit for both actual and exemplary damages against Randy Taylor because of alleged wrongful assault and battery. The verdict of the jury convicted defendant Taylor as charged, and the judgment based thereupon was for both actual and exemplary damages.

Reversed and remanded.

With language of the instruction altered to fit the facts of the instant case, the phraseology of Special Issue No. 1, in answer to which the jury found that Taylor’s assault upon Gentry was wrongful, was substantially that approved in Grieger v. Vega, 153 Tex. 498,…