The Texas Civil Appeals Reports Volume 47

The Texas Civil Appeals Reports Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...his fare, and when the conductor turned around to collect the fare of the party next to this man that had come in with him (plaintifi) Mr. Pettit caught him by the arm and jerked him around, and told him he didn't want him to collect any fare over there, that he was going to pay that man's fare, and began to jerk him (conductor) around. 1 don't know whether he hit him or not, but he began to, jerk him around and the conductor slapped at him. He (plaintiff) caught him (conductor) by the arm and pulled him around and was trying to pay the other man's fare. I don't know whether he hit him or not, but he had his hands up in motion and he might have possibly hit him a time or two. Being asked if it was not his best judgment that appellee struck the conductor he answered, "Yes, sir, that was my best judgment that he struck him." In view of this testimony, notwithstanding its contradiction, the court was not, in 'our opinion, warranted in declaring to the jury, as a matter of law, that the appellant's liability was conclusively established. The character of the employment in which the conductor was engaged did not deprive him of the right of self-defense. If he was assaulted by the appellee he had the right to repel the assault and prevent injury to himself by the use of such means as were necessary under the circumstances. Self-defense, however, being a defensive and not an oilensive act, must not exceed the bounds of defense and prevention. The right can be lawfully exercised only in a bona fide effort to preserve one's self from the impending danger. Again, it is not necessary to the right of self-defense that the danger should in fact exist. It may be only apparent and not real, more

Product details

  • Paperback | 380 pages
  • 189 x 246 x 20mm | 676g
  • United States
  • English
  • black & white illustrations
  • 123682122X
  • 9781236821225