Thomason v. Gray
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. This action was brought by Boland B. Gray, against Bobert P. Thomason, to recover damages for an assault and battery-; and was commenced on the 22d March, 1886. The cause wap tried on issue joined on the plea of not guilty, and resulted in a verdict for the plaintiff, “for $200, compensatory damages,” on which judgment was rendered in his favor.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. This action was brought by Boland B. Gray, against Bobert P. Thomason, to recover damages for an assault and battery-; and was commenced on the 22d March, 1886. The cause wap tried on issue joined on the plea of not guilty, and resulted in a verdict for the plaintiff, “for $200, compensatory damages,” on which judgment was rendered in his favor. On the trial, as appears from the bill of exceptions, the evidence showed that the difficulty between the parties occurred in December, 1885, at the defendant’s store or…
1Opinion of the CourtSomerville, J.
— There may, no doubt, be cases of assault and battery, as well as mere assault, which would sustain a civil action for damages, and yet not be punishable criminally by indictment. An assault with an unloaded gun or pistol might be one of this character; as would also a battery resulting from the fault or negligence of the defendant, without any criminal intent. — 2 Green. Ev. § 85; Chapman v. The State, 78 Ala. Rep. 463. The only difference as to proof would be, that a civil action might be sustained by a preponderance of the evidence, producing the proper conviction in the mind of the jury,…
2Cases cited1 opinion
- Chapman v. StateSupreme Court of Alabama · 1885
3Cited by16 opinions
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
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