MIILLER v. VOGT

No. 20844.

94 So.2d 304 (1957)

Wilhelm MIILLER v. Captain Peter VOGT et al.

Court of Appeal of Louisiana, Orleans.

April 15, 1957.


Attorney(s) appearing for the Case

Fred S. Bowes, Gretna, for plaintiff and appellee.

Elmer D. Flanders, New Orleans, for defendants and appellants.


McBRIDE, Judge.

This suit is for damages for an alleged assault and battery committed by defendant whose defense is that plaintiff provoked the difficulty by calling him a vile epithet. Plaintiff recovered judgment for $1,300; defendant has appealed.

The scene was the Port Ship Service Building, which is situated on the riverside of the levee at Arabi, St. Bernard Parish. The time was about 6:10 a.m., January 11, 1955, when plaintiff, who is a boatman for...

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