Bundy v. Maginess
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought by a married woman, her husband being joined as a plaintiff, to recover damages for an assault and battery. The action was tried before a jury, who returned a verdict for the plaintiff on the night of a Saturday, upon which judgment was entered on the following Monday.
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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought by a married woman, her husband being joined as a plaintiff, to recover damages for an assault and battery. The action was tried before a jury, who returned a verdict for the plaintiff on the night of a Saturday, upon which judgment was entered on the following Monday. From this judgment, and from an order refusing a new trial, the defendant appealed. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
The defendant, Samuel Maginess, was sued by the plaintiff Lizzie Bundy, joined with her husband, to recover damages for an assault and battery inflicted upon her.
In his answer the defendant did not deny the assault and battery, but claimed that he only slapped the plaintiff, and that the slap he gave her “was wholly provoked” by the insulting and taunting speech of the plaintiff eo instanti. Upon the trial he endeavored to introduce evidence showing other provocative acts of the plaintiff done before the time of the alleged slapping.
Inasmuch as, according to his answer, the…
2Cases cited2 opinions
- Wade v. ThayerCalifornia Supreme Court · 1871
- Wilson v. MiddletonCalifornia Supreme Court · 1852
3Cited by7 opinions
- Miller v. BlantonSupreme Court of Arkansas · 1948
- Magliulo v. Superior CourtCalifornia Court of Appeal · 1975
- Rhyne v. TurleySupreme Court of Oklahoma · 1913
- Shelley v. ClarkSupreme Court of Alabama · 1958
- Sherwood v. JacksonCalifornia Court of Appeal · 1932
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