Pierce v. Floyd

PRICE, Judge.

Plaintiff sued to recover actual and punitive damages for an assault and battery-alleged to have been committed on his person by the defendant.

Defendant pleaded the general issue and special pleas setting up the defense both of his person and his premises, averring that he used no more force than was necessary to protect his person from an unprovoked assault and to expel plaintiff from defendant’s premises.

There was verdict and judgment for plaintiff for $750 and defendant appeals.

The law is that, “One who is rightfully in the exclusive occupancy of realty, in order to protect…