Guengerich v. Smith
Supreme Court of Iowa
Appeals from Washington District Court. Action for assault and battery. The defendant pleaded a tender of $10. The court, in substance, charged — 1. “ That the jury were at liberty to give punitive damages. 2. That if a tender of $10 was made by defendant to plaintiff, and plaintiff refused without specifying how much he required, he might, nevertheless, recover more if the evidence showed him entitled to more.” Yerdict and judgment for plaintiff for $400. Defendant appeals.
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Appeals from Washington District Court. Action for assault and battery. The defendant pleaded a tender of $10. The court, in substance, charged — 1. “ That the jury were at liberty to give punitive damages. 2. That if a tender of $10 was made by defendant to plaintiff, and plaintiff refused without specifying how much he required, he might, nevertheless, recover more if the evidence showed him entitled to more.” Yerdict and judgment for plaintiff for $400. Defendant appeals. The only errors assigned are those respecting the giving of the above instruction.
1Opinion of the CourtDay, J.
— I. It is claimed that the court erred in instructing the jury, that they were at liberty to give punitive damages, because the act complained of being a crime, the defendant would thus be liable to be twice punished for the same offense.
This question is not now an open one in this State. The whole subject was fully considered in Hendrickson v. Kingsbury, 21 Iowa, 379, in which case the authorities now cited by appellant, and many others, were reviewed. In that case it *588was held proper to instruct the jury that they might, in addition to compensation for the injury done, award such damages as…
2Cases cited2 opinions
- Hendrickson v. KingsburySupreme Court of Iowa · 1866
- Barker v. BrinkSupreme Court of Iowa · 1858
3Cited by8 opinions
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Watson v. ChapmanSupreme Court of Iowa · 1952
- Bundy v. WillsNebraska Supreme Court · 1911
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
- Miller v. MerrittSupreme Court of Iowa · 1943
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