Foster v. Dukes

Opinion of the Court by

Chief Justice Rees

Reversing.

Joe Foster sued William Thomas Dukes and the National Surety Company, surety on Dukes’ bond, for assault and battery. Dukes arrested Foster on November 11, 1944, for being drunk in a public place, and while taking him to the city jail struck him on the head with a blackjack. Appellant admits that he was drunk and that it was the duty of Dukes to arrest him, but he claims that Dukes used more force than was necessary in making the arrest. On the trial of the case the jury returned a verdict for one dollar in favor of the plaintiff, and he has…