Torts
Fisher v. Carrousel Motor Hotel, Inc
Names of Parties: The Court: S.C. of Texas Date: 1967 Cause of Action: Battery Facts: (P) was African American standing in line at a hotel buffet. A waiter came up to him and ripped the plate from his hands and yelled at him that they did not serve negroes. Differing Allegations (if any): Prior Procedural History: Jury gave a verdict of 900 dollars to the (P). The trial court set aside the verdict and gave judgment to the (D). The judgment was affirmed by the Court of Civil Appeals. (P) appealed the supreme court. Issues: did this constitute a battery even though there was no direct bodily contact and no injury? Rules: To constitute an assault or battery, it Is not necessary to touch the (P) body or even his clothing; knocking or snatching anything from (P) hand or touching anything connected with his person, when done in an offensive manner, is sufficient. *Major distinction between criminal assault and an assault in tort is that for criminal assault, a victim need not have an apprehension of contact Courts Decision: Court reversed the decision in favor of the (P) Reasoning: because the waiter removed the plate in a vicious and with ill intent, this constituted a battery despite the fact that it caused him no physical harm.