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Fisher v Carousel
S. Ct. Texas 1967
Author:- Sam
Biers
Facts: Employee
of Hotel grabbed the plate of PL and yelled “Negroes can’t
be served in the club.” PL wasn’t actually
touched by the employee.
Issue: Whether the touching
of the plate constitutes a battery?
Holding: Yes.
Procedure: Trial Ct. found
for PL. Affirmed
Rule: Unpermitted and
intentional invasion of the inviolability of a person, without
physical harm equals offense to a person’s dignity.
Ct Rationale: Personal
dignity is the essence of an action for battery. Physical
injury is not required and Df corporation is liable for the tort
of an employee.
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