Seigel v. Long

Citation53 So. 753,169 Ala. 79
PartiesSEIGEL v. LONG.
Decision Date08 December 1910
CourtSupreme Court of Alabama

Appeal from Circuit Court, Perry County; B. M. Miller, Judge.

Action by Jerome Seigel against Thomas Long. Judgment for defendant and plaintiff appeals. Reversed and remanded.

Charge 2, referred to in the opinion, was the affirmative charge.

Arthur M. Pitts, for appellant.

W. F Hogue, for appellee.

MAYFIELD J.

Appellant sued appellee for an assault and battery. The first count of the complaint was in Code form. The plaintiff's evidence made out a case of inexcusable and rude assault. The defendant's evidence likewise made a case of assault though one of less insolence and rudeness than that which plaintiff's evidence tended to prove; nevertheless it proved the first count of the complaint, and failed to prove the pleas which were the general issue. The plaintiff was therefore clearly entitled to the general affirmative charge as to the first count, as was requested by him, for nominal damages.

The defendant's account of the rencounter, so far as pertains to the assault and battery vel non, was as follows: "I did place my left hand on his forehead, and pushed his hat back on his head. I did this for the purpose of seeing his face and identifying him. I said to him, 'Some scoundrel came along here yesterday, or the other day, and scared my horses, and caused them to run away and break my rake,' and I am looking for him. I did tell him that some of you all scoundrels think you own the world, but I stated that we need some of it. There were two young ladies and another gentleman in the automobile. I was provoked when I walked from my wagon down to the automobile. I was provoked at the time I placed my hand on Mr. Seigel. I was angry at the person who frightened my team. I was hunting the person who frightened my team, and no one else. I did call the negro, and ask him if this was the person who came along a few days before and frightened my team."

It is true that defendant's testimony tended to show that defendant made a mistake as to the identity of the party whom he assaulted, and he told plaintiff that, if he was not the person who frightened his team, he owed him an apology; but this did not prevent what he did from being an assault and battery. It was an assault and battery, with or without mistaken identity. Carter v. State, 87 Ala. 113, 6 So. 356.

It was likewise no defense that defendant offered to apologize after the assault, if he made a mistake as to the identity of the person...

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21 cases
  • Campbell v. Weller
    • United States
    • United States State Supreme Court of Wyoming
    • May 7, 1917
    ......R. Co., 67 W.Va. 467, 68 S.E. 288, 29 L. R. A. N. S. 325;. Phil. B. & W. R. Co. v. Gatta (Del.), 85 A. 721, 47. L. R. A. N. S. 996; Seigel v. Long, 169 Ala. 79, 53. So. 753, 33 L. R. A. N. S. 1070; Davis v. Albritton, . 127 Ga. 517, 56 S.E. 514, 8 L. R. A. N. S. 820.) In order to. ......
  • Kumar v. Gate Gourmet, Inc.
    • United States
    • United States State Supreme Court of Washington
    • May 22, 2014
    ...(Second) of Torts § 19. Thus, an offensive contact does not have to result in physical injury to constitute a battery. See Seigel v. Long, 169 Ala. 79, 53 So. 753 (1910) (facts established claim for battery where defendant pushed plaintiff's hat back in order to see his face); Crawford v. B......
  • Quillen v. American Tobacco Co., CV-93-A-1331-S.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 25, 1995
    ...of the person of another in rudeness or anger." Whitlow v. Bruno's, Inc., 567 So.2d 1235, 1239 (Ala. 1990) (citing Seigel v. Long, 169 Ala. 79, 53 So. 753, 754 (1910) and Jacobi v. State, 133 Ala. 1, 32 So. 158 (1902)) (internal citations and quotation marks According to the plaintiff's aff......
  • Johnson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 28, 1993
    ...of assault and battery as " 'any touching by one person of the person of another in rudeness or in anger.' " Seigel v. Long, 169 Ala. 79, 82, 53 So. 753, 754 (1910) (emphasis added) (wherein the defendant placed his hand on the plaintiff's forehead and pushed the plaintiff's hat back). The ......
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