Case #3: Tuberville v. Savage (1699) The plaintiff seeks damages for assault, battery, and wounding. The plaintiff put his hand on his sword, and made the following statement: "If the traveling judges were not in town right now, I would not take such language from you." Following this, the defendant struck the plaintiff, causing the plaintiff to lose his eye. The defendant claims that the plaintiff had assaulted him first and that he was acting in self-defense. The judge disagreed because the defendant's actions constituted excessive force