Sargent v. Carnes
| Decision Date | 25 March 1892 |
| Citation | 19 S.W. 378 |
| Parties | SARGENT v. CARNES. |
| Court | Texas Supreme Court |
Bowlin & Bowlin, for appellant.
On June 16, 1888, appellee brought this suit against appellant in the district court of Tarrant county. Plaintiff sued to recover damages actual and exemplary for an assault and battery alleged to have been committed upon him by appellant in the month of May, 1888. Appellant pleaded a "general denial," "not guilty," "justification," and "contributory negligence." A verdict was rendered in favor of appellee for the sum of $125 actual and $125 exemplary damages, and this appeal is prosecuted from the judgment entered accordingly.
Appellant's first assignment of error is as follows: "The court erred in charging the jury `that if you believe from the evidence that the defendant committed violence on the person of plaintiff within the house, in such manner as to render him liable for damages, under the foregoing instructions, and that defendant pursued plaintiff to the sidewalk in a manner reasonably indicating a purpose on his part to inflict violence on plaintiff, then plaintiff would have the right to call for police officers to protect himself from the threatened attack, and defendant would not have the right to attempt to remove plaintiff because of such call for officers,' and that the error in the foregoing instructions consists in the fact that there was no evidence that defendant pursued plaintiff out of the house to the sidewalk, as stated in such instructions, and such instructions were calculated to mislead and prejudice the jury against defendant." After stating facts indicating an unprovoked assault upon him by appellant within the house,(an hotel building, owned by appellant,) appellee testified. We think this testimony amply sufficient...
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Tex. Dep't of Pub. Safety v. Cox Tex. Newspapers
...for private retribution,” 9 and we have recognized common law battery claims for more than a century. See, e.g., Sargent v. Carnes, 84 Tex. 156, 19 S.W. 378, 378 (1892) (affirming judgment on plaintiff's assault and battery claim). Protection from physical harm is thus more firmly entrenche......
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City of Watauga v. Gordon
...a century. See Tex. Dep't of Pub. Safety v. Cox Tex. Newspapers, L.P., 343 S.W.3d 112, 115–116 (Tex.2011) (citing Sargent v. Carnes, 84 Tex. 156, 19 S.W. 378, 378 (1892)). These two intentional torts are related, but conceptually distinct. 4 J. Hadley Edgar, Jr., & James B. Sales, Texas Tor......
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Gulf, C. & S. F. Ry. Co. v. Pierce
...with the main transaction as to throw light upon its character. Railway Co. v. Anderson, 82 Tex. 516, 17 S. W. 1039; Sargent v. Carnes, 84 Tex. 156, 19 S. W. 378. Besides, the latter declaration was merely cumulative of the former, and if its admission, on account of remoteness, or for othe......