Thompson v. Shelverton
Supreme Court of Georgia
Action for damages. Before Judge Gober. Cobb superior court. September 7, 1907.
1Opinion of the CourtAtkinson, J.
1. In an action for damages on account of an assault and battery, the defendant may give in evidence any opprobrious words or abusive language used by the plaintiff to him, in order to justify his conduct or mitigate the damages; and it is for the jury to determine, in view of the character of the provocation and the nature and extent of the battery, whether such opprobrious word's or abusive language amount to a justification or only to a mitigation of damages recoverable.
2. The reasoning of Mr. Justice Fish, now Chief Justice, as expressed in the dissenting opinion in Berkner v. Dannenberg,…
2Cases cited3 opinions
- Berkner v. DannenbergSupreme Court of Georgia · 1903
- Dannenberg v. BerknerSupreme Court of Georgia · 1903
- Cross v. CarterSupreme Court of Georgia · 1897
3Cited by13 opinions
- McDaniel v. Atlanta Coca-Cola Bottling Co.Court of Appeals of Georgia · 1939
- Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911
- Hutcheson v. BrowningCourt of Appeals of Georgia · 1925
- Robinson v. DeVaughnCourt of Appeals of Georgia · 1938
- Beckworth v. PhillipsCourt of Appeals of Georgia · 1909
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