EBERT v. MACALUSO

No. 4346.

248 So.2d 355 (1971)

William D. EBERT and William D. Ebert, Jr. v. Anthony J. MACALUSO.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 7, 1971.


Attorney(s) appearing for the Case

Cabibi & Cabibi, Charles E. Cabibi, New Orleans, for plaintiffs-appellees.

Geo. M. Leppert, New Orleans, for defendant-appellant.

Before SAMUEL, REDMANN and BOUTALL, JJ.


BOUTALL, Judge.

This case comes before us on appeal from a judgment of the lower court in favor of plaintiff. The action arose out of an assault and battery committed upon plaintiff by the defendant. The defendant contends that the provocative language used by the plaintiff to defendant was the proximate cause that led to the altercation.

Counsel for appellant assigns as error three specifications: 1.) that the Trial Court erred in holding that Macaluso was...

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