Boyer v. Barr
Nebraska Supreme Court
Error from the Lancaster county district court. 1. Where the civil action is based upon acts which constitute a crime under the laws of the state, no punitive damages can be allowed in the civil action.
Read the full summary
Error from the Lancaster county district court. 1. Where the civil action is based upon acts which constitute a crime under the laws of the state, no punitive damages can be allowed in the civil action. Austin v. Wilson,A Cush., 273. Fay v. Parker, 53 N. H., 342. Tabor v. Hutson, 5 Ind., 322. Nolsaman v. Picket, 18 Ind., 350. Humphries v. Johnson, 20 Ind., 190. 'Cherry v. McCall, 23 Ga., 193. Southwick v. Ward, 7 Jones (N. C.), 64. Freese v. Trip, 70 111., 496. Albrecht v. Walker, 73 111., 69. 2. Punitive damages assessed in a civil action are said to be allowed “ when malice mingles in the…
1Opinion of the Court
Cobb, J.. This was an action of trespass for an assault and battery, brought by the defendant in error against the plaintiff in error, originally in the county court,-and carried to the district court of Lancaster county by appeal, where there was a trial to a jury and a verdict and judgment for two hundred dollars in favor of the plaintiff below, and brought to this court by petition in error on exceptions to the charge of the judge.
The following instructions were given at the request ■ of defendant in error, and excepted to by plaintiff in error:
1. The defendant admits that he committed the…
2Cases cited2 opinions
- Taber v. HutsonIndiana Supreme Court · 1854
- Albrecht v. WalkerIllinois Supreme Court · 1874
3Cited by12 opinions
- Tuttle v. RaymondSupreme Judicial Court of Maine · 1985
- Abel v. ConoverNebraska Supreme Court · 1960
- Roose v. PerkinsNebraska Supreme Court · 1879
- Boldt v. BudwigNebraska Supreme Court · 1886
- Farrar v. Tribune Publishing Co.Washington Supreme Court · 1961
7 more not listed; retrieve them via the Exa API.