The Law School Authority

Fisher v. Carousel Case Brief

Summary of Fisher v. Carousel, S. Ct. Texas 1967

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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