Torts I, Pages 37–38

Fisher v. Carrousel Motor Hotel, Inc.

Supreme Court of Texas, 1967


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.


Whether taking something from someone can constitute a battery.


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


Subrule for touching


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.


Reversed and judgment rendered for plaintiff for $900.