Independent Hip Hop

Fisher v. Carrousel Motor Hotel, Inc.
Supr. Ct. of Tex., 1967
424 S.W.2d 627
Facts:
P, standing in line with other employees at a work function occurring at a hotel, had a plate snatched from his hand by an employee of the hotel who shouted “A Negro could not be served in the club”. P was not touched and did not experience physical injury but suffered embarrassment and mental anguish in the presence of his associates.
Procedural: Trial court ruled for D. P appealed.
Issue: Does grabbing a plate out of P hand while yelling a racial epithet in front of his co-workers, constitute a battery?
General Rule: To constitute an assault and battery, it is not necessary to touch the plaintiff’s body or even his clothing; knocking or snatching anything from plaintiff’s hand or touching anything connected with his person, when done in an offensive manner, is sufficient.
Application: Because the P argument rests on his dignity being compromised and not on physical injury, it is not necessary for him to have suffered any physical injury. Precedent states that snatching from P hand, when performed in an offensive manner, is sufficient for battery. Personal indignity is the essence of an action for battery, in which case D is not liable for physical harm but punitive damages.
Conclusion: Yes. Decision reversed.

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