Wagner v. Gibbs
Mississippi Supreme Court
From tbe circuit court of, second district, Yalobusha county. Hon. Perrin H. Lowrey, Judge. Mrs. Gibbs, administratrix, appellee, was the plaintiff in the court below; Wagner, appellant, was defendant there. The plaintiff recovered in her civil action for an assault and battery, committed by defendant on her intestate, a judgment for $2,000, from which defendant appealed to the supreme court.
Read the full summary
From tbe circuit court of, second district, Yalobusha county. Hon. Perrin H. Lowrey, Judge. Mrs. Gibbs, administratrix, appellee, was the plaintiff in the court below; Wagner, appellant, was defendant there. The plaintiff recovered in her civil action for an assault and battery, committed by defendant on her intestate, a judgment for $2,000, from which defendant appealed to the supreme court. The evidence showed defendant to be worth about $200,000. The facts are otherwise sufficiently stated in the opinion of the court. Punitive or exemplary damages can never be recovered in a case where the…
1Opinion of the Court
Mayes,* Special J.,
delivered tbe opinion of tbe court.
Tbe appellant assigns for error the giving of the first instruction for plaintiff, which, in brief, informed the jury that they might, if they saw proper, award punitory damages. The first point made is that punitory damages cannot be allowed in civil cases for assault and battery, because the gravamen of the suit is what is also a criminal offense, and that the criminal punishment exhausts the liability to punishment as such. Several cases are cited in support of this proposition, but we prefer the other view. This court has previously…
2Cases cited3 opinions
- Hewlett v. GeorgeMississippi Supreme Court · 1891
- Albrecht v. StateMississippi Supreme Court · 1885
- Jamison v. MoseleyMississippi Supreme Court · 1891
3Cited by23 opinions
- Bankers Life & Cas. Co. v. CrenshawMississippi Supreme Court · 1985
- Martin v. United Security Services, Inc.Supreme Court of Florida · 1975
- Bond v. City of HuntingtonWest Virginia Supreme Court · 1981
- Snowden v. OsborneMississippi Supreme Court · 1972
- Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
18 more not listed; retrieve them via the Exa API.