424 S.W.2d 627 (1967)

Fisher, a NASA mathematician, was attending a professional conference at the Carrousel in Houston.  While he was standing in line for the buffet luncheon at the hotel’s restaurant, a hotel employee snatched the plate from Fisher’s hand and shouted that a “Negro could not be served in the club.”

Fisher himself was not touched, although he felt extremely embarrassed and humiliated in front of his colleagues.

The intermediate appellate court affirmed judgment for Defendant on Fisher’s assault and battery causes of action on the ground that there was neither actual physical contact nor apprehension of it.

The Texas Supreme Court reversed, ruling that “[t]he intentional snatching of an object from one’s hand is as clearly an offensive invasion of his person as would be an actual contact with the body.”

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