Williams v. Campbell
Wyoming Supreme Court
Error to the District Court, Sheridan County; HoN. Carroll H. ParmelEE, Judge. The material facts are stated in the opinion. The overwhelming preponderance of the evidence was against the plaintiff below, entitling the defendant ,to a new trial. If the plaintiff was entitled to any damages as a re-suit of the altercation, there was no reason for a recovery of more than a nominal sum. The assault was not an aggravated one, and hence it was improper to allow exemplary damages.
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Error to the District Court, Sheridan County; HoN. Carroll H. ParmelEE, Judge. The material facts are stated in the opinion. The overwhelming preponderance of the evidence was against the plaintiff below, entitling the defendant ,to a new trial. If the plaintiff was entitled to any damages as a re-suit of the altercation, there was no reason for a recovery of more than a nominal sum. The assault was not an aggravated one, and hence it was improper to allow exemplary damages. There is no evidence upon which to base the amount awarded as actual damages. It is submitted that there is nothing in…
1Opinion of the Court
Beard, Justice.
Action by defendant in error, David A. Campbell, against plaintiff in error, W. J. Williams, for damages for an alleged assault and battery. Verdict and judgment for plaintiff, and defendant brings error.
The plaintiff alleged in his petition that about January 28, 1912, the defendant with great force and violence made an assault on plaintiff and beat, bruised and wounded him and thereby caused him to become sick and to suffer great pain, to his damage in the sum of $1,000. He further alleged that said assault and beating were done by defendant with great force and violence and…
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