Rarden v. Maddox
Supreme Court of Alabama
Appeal from tbe City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action brought by the appellee, John D. Maddox, against the appellant, John W. Barden, in which the plaintiff sought to recover from the defendant |2000 damages for an assault and battery committed by the defendant upon the plaintiff.
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Appeal from tbe City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action brought by the appellee, John D. Maddox, against the appellant, John W. Barden, in which the plaintiff sought to recover from the defendant |2000 damages for an assault and battery committed by the defendant upon the plaintiff. The defendant pleaded the general issue, and by special plea set up justification of the assault by the fact that the plaintiff came into the defendant’s storehouse and place of business and used abusive language and opprobious epithets to him, thereby provoking the defendant…
1Opinion of the CourtDowdell, J.
In an action for damages for assault and battery, abusive language and epithets by the plaintiff to the defendant cannot be pleaded by the latter in justification of the assault. Such may, however, be .shown in evidence, when made at or about the time of the assault, in mitigation of the damages sought to* be recovered. The special pleas to- which demurrers were sustained set up the abusive language in justification of the alleged assault. There was no* error in sustaining the demurrers. — See Mitchell’s erne in MSS.
There was no bill of exceptions reserved on the trial, and the appeal is…
2Cases cited1 opinion
- Guttery v. BoshellSupreme Court of Alabama · 1902
3Cited by4 opinions
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Lovelace v. MillerSupreme Court of Alabama · 1907
- Holloway v. Henderson Lumber Co.Supreme Court of Alabama · 1919
- Chilton County v. GroomsSupreme Court of Alabama · 1923