Seigel v. Long
Supreme Court of Alabama
Assault ancl Battery. Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Jerome Seigel against Thomas Long for damages for assault and battery. Judgment for defendant and plaintiff appeals. Charge 2 referred to in the opinion was the affirmative charge for the plaintiff.
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Assault ancl Battery. Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Jerome Seigel against Thomas Long for damages for assault and battery. Judgment for defendant and plaintiff appeals. Charge 2 referred to in the opinion was the affirmative charge for the plaintiff. The court erred in overruling demurrers to plea 3. — Stevenson v. 'Wright, 20 So. 622. The court erred in refusing-charges 1, 2 and 3, requested by plaintiff. — Chapman v. The State, 78 Ala. 464; Carter v. The State, 87 Ala. 113; Carlton v. Henry, 29 So. 924; Jacobi v. The State, 32 So. 158. Under the…
1Opinion of the CourtMayfield, J.
Appellant sued appellee for an assault and battery. The first count of the complaint was in Code form. The plaintiff’s evidence made out a case *81of inexcusable and rude assault. The defendant’s evidence likewise made a case of assault, though one of less insolence and rudeness than that which plaintiff’s evidence tended to prove; nevertheless it proved the first count of the complaint and failed to prove the pleas which were the general issue. The plaintiff was therefore clearly entitled to the general affirmative charge as to-the first count, as was requested by him, for nominal damages.
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2Cases cited4 opinions
- Jacobi v. StateSupreme Court of Alabama · 1901
- Thomason v. GraySupreme Court of Alabama · 1886
- Carlton v. HenrySupreme Court of Alabama · 1900
- Carter v. StateSupreme Court of Alabama · 1888
3Cited by19 opinions
- Kumar v. Gate Gourmet, Inc.Washington Supreme Court · 2014
- Lynch v. CommonwealthSupreme Court of Virginia · 1921
- Prescott v. Independent Life & Accident InsuranceDistrict Court, M.D. Alabama · 1995
- Whitlow v. Bruno's Inc.Supreme Court of Alabama · 1990
- People v. PuckettCalifornia Court of Appeal · 1975
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