Hart v. Davis
Texas Supreme Court
Appeal from Hunt. Tried below before Hon. W. S. Todd. Suit for damages for an assault and battery. The Court struck out so much of the answer of the defendant as set up in reconvention a libellous publication made by plaintiff of and concerning the defendant, to which defendant excepted. There was a verdict and judgment for plaintiff, and motion for new trial refused.
1Opinion of the Court
Roberts, J.‘
The question in this case is, can a tort be set off against a tort, as a libel against an assault and battery with a cowhide. To admit such a plea would establish the rule in effect that a trespass might be justified by a previous libel, if the jury should think the injury inflicted by the libel and trespass about equal. Or in other terms, it would permit one who was slandered to obtain his redress by an assault, instead of a suit, provided he could establish that he had imposed no greater injury on the assaulted than had been done to him by the slander.
*412The Common Law tolerates no…
2Cited by6 opinions
- Dees v. ThompsonCourt of Appeals of Texas · 1914
- Misek v. O'SheaOregon Supreme Court · 1900
- Shook v. PetersTexas Supreme Court · 1883
- McCormick v. SchtrenckCourt of Appeals of Texas · 1910
- Miller v. BlackCourt of Appeals of Texas · 1909
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