Purnell v. Jackson

ELLIS, Judge.

Plaintiff filed this suit for damages for physical injuries suffered as the result of an alleged assault and battery committed upon him by the defendant. Plaintiff alleged that he did nothing “to cause the beating; gave him no cause or provocation of any kind and committed no negligent act of any kind to cause these injuries.”

■ Defendant denied each and every allegation- of plaintiff’s petition and defended the suit upon the ground that plaintiff instigated and provoked the altercation, and that while defendant admitted striking the plaintiff twice, he did -this only after an…