63 So. 280 | La. | 1913
This suit is for slander and assault; but the slander part must be disregarded.
The jury gave plaintiff $300. The appeal is by defendant. Plaintiff has moved that it be dismissed on the ground that there was no motion made for a new trial, and with that motion has coupled, in the alternative, the somewhat incongruous prayer that the judgment be increased.
“He [plaintiff] said: ‘Jefferson, you have abused me worse than a nigger here in your own house and you must stop it.’ He [defendant] jumped up and said: ‘Don’t you tell me that, I won’t stop anything.’ He then grabbed his Luger gun [pistol] and said: ‘You d-little cajin s-of a b-, I will kill you.’ And that’s where I got between them at the door. Grevemberg backed out on the gallery, threw off his coat, and said: ‘I am not armed; you can shoot me; but you will shoot me unarmed,’ ” etc.
The cause of defendant’s anger seems to have been that plaintiff had cut ahead of him in securing from Mr. Breaux a lease which he Mmself coveted.
Defendant denies that he made any attempt to shoot He says he merely took his pistol up from the table and held it until plaintiff had gotten out of the house.
We have to accept the statement of the other two witnesses, as the jury did.
The facts can be left to speak for themselves. No comment is necessary.
• Judgment affirmed.