HARRELL v. MAYER

No. 4849.

306 So.2d 340 (1975)

Dr. Edward M. HARRELL, Plaintiff and Appellant, v. Henry L. MAYER, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 5, 1975.


Attorney(s) appearing for the Case

Davidson, Meaux, Onebane & Donohoe by V. Farley Sonnier, Lafayette, for plaintiff and appellant.

J. Minos Simon and John Rixie Mouton, Lafayette, for defendant and appellee.

Before HOOD, CULPEPPER and MILLER, JJ.


CULPEPPER, Judge.

The plaintiff, Dr. Edward M. Harrell, seeks damages for personal injuries sustained as the result of a battery committed by the defendant, Henry Mayer. Defendant contends he acted in self-defense. Pursuant to a jury verdict in favor of defendant, judgment was rendered dismissing plaintiff's suit. Plaintiff appealed.

The issues are: (1) Did defendant strike plaintiff in self-defense? (2) Did defendant use excessive force under the circumstances...

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