Legal Opinion

Goldberg v. Dobberton

Supreme Court of Louisiana

Decided July 15, 1894No. 1471PublishedCited by 8 opinions

APPEAL from the Twelfth Judicial District Court for the Parish of Calcasieu. Four net, J. Cites Johnson vs. Barnet, 36 An. 320. “ One who is himself in fault can not recover damages from another who has retaliated in kind, although the latter was not justifiable in law, and this holds good in spite of the truism that one'wrong does not justify another.” 36 An. 38; 15 An. 48. The verdict of the jury in cases of this nature is “never disturbed by appellate tribunals unless…

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APPEAL from the Twelfth Judicial District Court for the Parish of Calcasieu. Four net, J. Cites Johnson vs. Barnet, 36 An. 320. “ One who is himself in fault can not recover damages from another who has retaliated in kind, although the latter was not justifiable in law, and this holds good in spite of the truism that one'wrong does not justify another.” 36 An. 38; 15 An. 48. The verdict of the jury in cases of this nature is “never disturbed by appellate tribunals unless glaringly unjust or manifestly erroneous.” Young vs. Bridges, 34 An. 335; 10 An. 559; 28 An. 94; 30 An. 926. The courts of…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

Plaintiff alleges that on the public streets of the town of Lake Charles, and at the residence of the petitioner in the said town, in the presence and hearing of a large number of persons, *1304the defendant, maliciously and without cause, slandered and defamed petitioner’s wife, calling her by many vile names, and applying to her many vile epithets, which are set out in the petition, all of which was done by Dobberton with a malignant spirit, with the full purpose of damaging and injuring plaintiff, although defendant well knew that his…

2Cited by8 opinions

  1. Brewer v. ChaseMichigan Supreme Court · 1899
  2. Gladney v. De BrettonSupreme Court of Louisiana · 1950
  3. Israel v. IsraelMissouri Court of Appeals · 1904
  4. Bloom v. CrescioniSupreme Court of Louisiana · 1903
  5. Eye v. ByrnesSupreme Court of Louisiana · 1909

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