Torts I, Pages 37–38

Fisher v. Carrousel Motor Hotel, Inc.

Supreme Court of Texas, 1967

Facts:

Fisher, had a plate taken from him in front of his coworkers by a worker of Carrousel’s who shouted that a "Negro could not be served in the club." No physical contact was made with the plaintiff, but he was highly embarrassed in front of his coworkers.

Procedural History:

The jury awarded Fisher $400 in actual damages for humiliation and indignity and $500 in punitive damage. The trial court set this aside and gave judgment for the defendant, which was affirmed by the Court of Civil Appeals.

Issue:

Whether taking something from someone can constitute a battery.

Rule:

Bell: Touching an item is considered touching the person if he is holding or otherwise in intimate contact with the item.

Note:

Subrule for touching

Rule/Holding:

Page 38

Some things [like] clothing, a cane, or . . . anything directly grasped by the hand . . . are so intimately connected with one’s body as to be universally regarded as part of the person.

Judgment:

Reversed and judgment rendered for plaintiff for $900.


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