Choate v. Pierce
Mississippi Supreme Court
Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. , Action by Oscar Choate, by next friend and ■ brother, Luther Choate, - against S. E. Pierce. Judgment for dedefendant, and plaintiff appeals. Our first assignment of error complains because the court refused to give a peremptory instruction for the appellant.
Read the full summary
Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. , Action by Oscar Choate, by next friend and ■ brother, Luther Choate, - against S. E. Pierce. Judgment for dedefendant, and plaintiff appeals. Our first assignment of error complains because the court refused to give a peremptory instruction for the appellant. The record in this case shows that the appellee was the aggressor, instigator and cause of the trouble and started the difficulty and brought about the difficulty without any fault or anything having been done by the appellant. The testimony of the appellee shows…
1Opinion of the CourtAnderson, J.
This is a suit by the appellant against the appellee for damages claimed to have been suffered by him as a result of an assault and battery committed upon him by the appellee. There was a verdict and judgment for the appellee, from which the appellant appeals to this court.
The evidence is conflicting. That on behalf of the appellant tends to show that the appellee committed an assault and battery upon him without any provocation; that the appellee ivas the aggressor in the altercation, and not. the appellant. On the other hand, the evidence on behalf of the appellee tends to establish that…
2Cases cited3 opinions
- Gentry v. Gulf & S. I. R.Mississippi Supreme Court · 1915
- Lizana v. LangMississippi Supreme Court · 1907
- Stone v. HeggieMississippi Supreme Court · 1903
3Cited by5 opinions
- McCain v. CochranMississippi Supreme Court · 1929
- Crawford v. City of MeridianMississippi Supreme Court · 1936
- Holliman v. LucasMississippi Supreme Court · 1947
- Thomas v. CarterMississippi Supreme Court · 1927
- Woods v. Illinois Cent. R. Co.Mississippi Supreme Court · 1928