FISHER V. CARROUSEL MOTOR HOTEL, INC., Supreme Ct. of TX, 1967, 424 S.W.2d 627 by JohnMValentine

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FISHER V. CARROUSEL MOTOR HOTEL, INC., Supreme Ct. of TX, 1967, 424 S.W.2d 627 History: Trial court rendered judgment for defendants notwithstanding the verdict; trial jury found for Plaintiff Fisher Facts: Fisher went to the Brass Ring Club for lunch by Ampex Corporation and Defense Electronics @ the Carrousel; Robert Flynn, employee of Carrousel and manager of the Brass Ring Club, took Fisher’s plate and shouted that he, a Negro, could not be served there Issue(s): Was there evidence an actionable battery was committed? Can punitive damages be awarded? Holding: Snatching of Fisher’s tray did constitute a battery; trial court erred in granting judgment notwithstanding the verdict on the issue of actual damages Analysis: Protection from tort of battery includes any part of the part and anything attached to or identified w/it; he said there was no physical contact to person; he also said he was not in fear or apprehension about harm to his body Judgment notwithstanding the verdict—if court decides there is not enough evidence, they will set verdict aside Court of Appeals  they relied on criminal definition of assault and battery, not civil definition TX Supreme Courtactual physical contact is not required to recover for a battery; the only physical contact that needs to be made is w/an object that is closely associated or same as an extension of his/her body


								
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