Eoff v. Muskiet

KEITH, Justice.

Plaintiff appeals from an adverse judgment based upon a jury verdict in a suit involving an assault and battery. Plaintiff and several friends went to a restaurant in Houston late in the evening and stayed for the entertainment. During their visit they admittedly consumed a considerable amount of beer and the testimony is disputed only as to whether the plaintiff and his friends were actually in a state of intoxication or simply under the influence of intoxicating liquor.

As plaintiff was leaving the restaurant after closing time, an altercation broke out between plaintiff’s…