Smith v. Davis

In considering the ruling of the court disallowing the amendment we are mindful of the rule of law that conduct not amounting to a justification for an assault and battery may nevertheless be pleaded and proved in extenuation or mitigation of damages. Code, § 105-1802; Robinson v. DeVaughn, 59 Ga. App. 37, 52 (200 S. E. 213), and citations. This rule of law seems to contemplate that the jury may consider “the actions and conduct of the plaintiff at the time of the assault,” with other facts, in determining whether the defendant was justified, and if not justified, what effect should be given…