Turnbow v. Wimberly

Citations

• 106 La. 259

Syllabus

<p>Syllabus.</p> <p>1. A general denial and a plea of justification are Inconsistent defenses to *n action for damages for personal abuse and personal injury, and a motion to compel the defendant to elect between them should be sustained.</p> <p>2. Where, in such an action, it appears that the defendant, without other provocation than the failure of the plaintiff to return his salutation, applied to the latter a most opprobrious epithet, assaulted him, and bit his ear, practically, off, damages, both actual and exemplary, will be awarded.</p>