Seymour v. Gillespie

CAMPBELL, Justice.

Jim Seymour and James Vowell brought this suit against R. L. Gillespie claiming damages for personal injuries arising from assault and battery. The trial court rendered a take nothing judgment for Gillespie and the Court of Civil Appeals affirmed. 584 S.W.2d 528. We reverse the judgment of the Court of Civil Appeals and remand the cause to the trial court.

The only question in this case is whether the trial court committed reversible error in excluding a tape recording of the conversation and sounds that occurred during the alleged assault and battery. In 1970, Seymour and…