Fredwost v. Daily
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action for assault and battery committed on both plaintiffs by the defendants Peter and Owen Daily, claiming #500 iii damages. The defendants pleaded a general denial; and aver, that if they used any violence it was done in a passion without knowing what they were doing. . The evidence fully proved the assault and beating of the plaintiffs without the least provocation.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action for assault and battery committed on both plaintiffs by the defendants Peter and Owen Daily, claiming #500 iii damages. The defendants pleaded a general denial; and aver, that if they used any violence it was done in a passion without knowing what they were doing. . The evidence fully proved the assault and beating of the plaintiffs without the least provocation. The jury assessed the damages at $500,- the full amount claimed. There was judgment confirming the verdict from which the defendants appealed.
1Opinion of the CourtGarland, J.
This is an action for an assault and battery, committed oil both the plaintiffs, who say they were beaten iñ a most cruel manner, and lay their damages at $500. The defendants first plead the general issrte and further say if they did beat the plaintiffs, they were in a “greát passion without knowing what they were doing and upon great provocation such as ought to excuse what they may have done.”'
The evidence show's that both the defendants were intoxicated, riotous and noisy in a coffee-house where Fredwost was seated playing dominos with another person. It does not appear the plaintiffs…
2Cited by1 opinion
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