Parriconi v. Greco

Citations

• 115 La. 558
• 39 So. 599
• 1905 La. LEXIS 698

Syllabus

<p>1. Appeal — Review—Conflicting Evidence.</p> <p>Plaintiff, a married woman, sued for $5,000 damages, and recovered judgment for $350, for an alleged assault and battery on her by defendant, accompanied with grossly insulting language. The evidence was conflicting, but sufficient on plaintiff’s behalf to authorize a recovery. Held, that the case hinged on the credibility of witnesses, and that the finding of the trial judge on this question was not manifestly erroneous, and therefore would not be disturbed.</p> <p>2. Same — Assault—Action fob Damages.</p> <p>Held, further, that in such cases the quantum of damages is largely in the discretion of the judge or jury, and that their finding as to amount will not be disturbed, unless clearly insufficient or excessive.</p> <p>(Syllabus by the Court.)</p>