Carlton v. Henry
Supreme Court of Alabama
Ai'I’Eau from the City Court of Gadsden. Tried before the Hon. John H. Disqtje. This was an -action brought by the appellant, S. J. Carlton, against James F. Henry and E. A. Rogers to recover damages for an assault and battery -alleged to have been committed upon the plaintiff 'by the defendants.
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Ai'I’Eau from the City Court of Gadsden. Tried before the Hon. John H. Disqtje. This was an -action brought by the appellant, S. J. Carlton, against James F. Henry and E. A. Rogers to recover damages for an assault and battery -alleged to have been committed upon the plaintiff 'by the defendants. The defendants pleaded the general issue and also pleaded a special plea in which they set up that the alleged assault and battery on the plaintiff was brought about by the plaintiff first assaulting the defendant-Henry, and that said defendant acted only in self-defense and did not bring on or…
1Opinion of the CourtSharpe, J.
On the trial there was evidence tending to show that defendants went to the plaintiff’s office and factory for the preconcerted purpose of beating or shooting his servant; that while both defendants *482were 'chasing the servant through the factory, defendant Henry met plaintiff in a doorway and violently thrust him aside; that a few minutes later, on returning from the pursuit, Henry beat the plaintiff while Rogers stood by holding a pistol which he had fired at the servant. In view of this evidence charges “O” and “N” should not have been given. The act of Henry in thrusting the plaintiff being…
2Cases cited6 opinions
- Doremus v. HennessyIllinois Supreme Court · 1898
- Williams v. StateSupreme Court of Alabama · 1886
- Martin v. StateSupreme Court of Alabama · 1889
- Jordan v. StateSupreme Court of Alabama · 1885
- Chapman v. StateSupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
- McGee v. StateAlabama Court of Appeals · 1912
- Lovelace v. MillerSupreme Court of Alabama · 1907
- Seigel v. LongSupreme Court of Alabama · 1910
5 more not listed; retrieve them via the Exa API.