Legal Opinion

Harvey v. Harvey

Supreme Court of Louisiana

Decided October 18, 1909No. 17,497PublishedCited by 19 opinions

Appeal from Civil District Court, Parish of Orleans; Thomas C. W. Ellis, Judge. Action by Edna L. Harvey against Horace II. Harvey. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtLand, J.

Plaintiff sued for damages for an alleged malicious slap in the face administered by the defendant, who for answer admitted the assault and battery, but pleaded son assault demesne in the way of a violent kick, and that the plaintiff provoked the difficulty.

A divided jury found a verdict in favor of the plaintiff for the sum of $500 and costs.

The trial judge seriously doubted the correctness of the finding of the jury, but at the same time overruled defendant’s motion for a new trial, to the end that “this unfortunate family disturbance be finally settled” by a judgment of the Supreme Court.

Th…

2Cases cited3 opinions

  1. Massett v. KeffSupreme Court of Louisiana · 1906
  2. Johns v. BrinkerSupreme Court of Louisiana · 1878
  3. Richardson v. ZuntzSupreme Court of Louisiana · 1874

3Cited by19 opinions

  1. Landry v. BellangerSupreme Court of Louisiana · 2003
  2. Morneau v. American Oil CompanySupreme Court of Louisiana · 1973
  3. Fontenelle v. WaguespackSupreme Court of Louisiana · 1922
  4. Smith v. ParkerLouisiana Court of Appeal · 1952
  5. Gross v. Great Atlantic Pacific Tea Co.Louisiana Court of Appeal · 1946

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