Barbee v. Reese
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. The case is stated in the opinion of the court. 1. The recoi’d shows a clear case of tort of the most outrageous character possible, without defence, mitigation, or justification.
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Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. The case is stated in the opinion of the court. 1. The recoi’d shows a clear case of tort of the most outrageous character possible, without defence, mitigation, or justification. Wherever a tort is clearly established, and the proof discloses no legal excuse or justification, the right to a recovery is absolute — some damages, if only nominal, are compelled to be awarded. 1 Sutherland on Dam. 10,11, 12, 162. 2. It is not necessary in the case of a tort unjustified by the proof, to show any actual damage, in…
1Opinion of the CourtCoopeR, J.
In April, 1881, the appellant, a married woman, far advanced in pregnancy, while quietly sittingin her home near an open window fronting the public street, was assaulted by the.appellee, who was in a state of intoxication, and who with a drawn pistol advanced across the street cursing and threatening to shoot the appellant, and came into appellant’s house, cursing and threatening to shoot her. The husband of appellant was absent at this time, and being unprotected she fled from home to escape the threatened danger. In the hurry of her flight she climbed a fence inclosing her home and in…
2Cited by23 opinions
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- Halio v. LurieAppellate Division of the Supreme Court of the State of New York · 1961
- Dunn v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
- Hawkins v. Front Street Cable Railway Co.Washington Supreme Court · 1892
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