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BROWN v. PALMER

No. 39627.

245 So.2d 860 (1971)

John S. BROWN, Petitioner, v. Henry E. PALMER, Jr., Respondent.

Supreme Court of Florida.

March 17, 1971.

Attorney(s) appearing for the Case

James G. Mahorner and Frank A. Graham, Jr. Tallahassee, of Dickens, Graham, Miller, Mahorner & Linn, Tallahassee, for petitioner.

R. Worth Moore and J. Ben Watkins, of Truett & Watkins, Tallahassee, for respondent.

DREW, Justice, Retired.

The decision of the lower court1 holds that "* * * in a civil action for assault and battery, provocation by the plaintiff may be considered by the jury in mitigation of compensatory damages."2 This holding is in direct conflict with the holding of Webb v. Brown,3 a case decided by this Court in 1912, where we said: "In a civil action to recover damages for...

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