Hart v. Jones
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by W. N. Jones against Loui Hart and the Bellevue Highlands Company for an assault and battery. Judgment for plaintiff, and defendants appeal. Counts 1 and 2 were for simple assault and battery. Count 3 was for wanton, willful, or intentional assault and battery.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by W. N. Jones against Loui Hart and the Bellevue Highlands Company for an assault and battery. Judgment for plaintiff, and defendants appeal. Counts 1 and 2 were for simple assault and battery. Count 3 was for wanton, willful, or intentional assault and battery. Count 4 sets up the fact that plaintiff was in the public road where he had a right to be, in a locality commonly 'known as Bellevue Highlands, and was there set upon by defendants’ beaten, etc., the defendant Bellevue Highlands Company, a corporation, in all…
1Opinion of the CourtBrown, J.
(1, 2) One who is rightfully in the exclusive occupancy of realty, in order to protect his possession, has an undoubted right to eject trespassers who intrude thereon; but this right is not an unqualified right. In ejecting such trespasser, he must use no more force than is reasonably necessary (3 Cyc. 1071 [3, B, II]; Highland Ave. & Belt R. R. Co. v. Robinson, 125 Ala. 489, 28 South. 28) ; and, if a breach of the peace ensues, resulting in an assault and battery, and the defense is invoked that the defendant committed the assault in ejecting a trespasser from his premises, he assumes the…
2Cases cited15 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Ward v. StateSupreme Court of Alabama · 1856
- Morris v. McClellanSupreme Court of Alabama · 1908
- Jones v. BrightSupreme Court of Alabama · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
- Pierce v. FloydAlabama Court of Appeals · 1956
- Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
- Alabama Fuel & Iron Co. v. CoursonAlabama Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.