Watkins v. Gaston

Citations

• 17 Ala. 664

Syllabus

<p>1. Where in an action to recover damages for an assault and battery committed on the person of the plaintiff, it appears from the evidence, that the plaintiff cursed the defendant, and at the time he was stricken was in the act ot rising from the chair, in which he was sitting, with a stick in his hand, proof of threats made by him against the defendant, within the proceeding week, or ten days, is admissible, as tending to show the motive of the defendant’s act.</p> <p>2. Where a party, implicated in an assault and battery, is shown to have prevented the interference of a third person, proof of the simultaneous declarations of such third person, tending to show that he was about to interfere, not to separate the combatants,but to participate in the fight, is admissible in mitigation of damages.</p>