McWilliams v. Bragg
Wisconsin Supreme Court
This was an action of trespass for assault and battery, commenced by the defendant in error against the plaintiff in error, in the Circuit Court of Fond du Lac County, from which the venue was changed to Sheboygan County. The declaration was in the usual form. Plea, general issue, with notice of justification-The cause was tried at the March Term, 1852, of the Sheboygan circuit, where the plaintiff below had verdict and judgment.
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This was an action of trespass for assault and battery, commenced by the defendant in error against the plaintiff in error, in the Circuit Court of Fond du Lac County, from which the venue was changed to Sheboygan County. The declaration was in the usual form. Plea, general issue, with notice of justification-The cause was tried at the March Term, 1852, of the Sheboygan circuit, where the plaintiff below had verdict and judgment. On the trial, after the evidence was closed, the cir •cuit judge charged the jury, among other things, as follows: “If the offence is committed wilfully, the “jury…
1Opinion of the Court
By the (Jourt,
Crawford, J.
At the trial of this case in the Circuit Court, the judge charged the jury, on the subject of damages, in the following words: “If the offence is committed wilfully, the jury have a right to give damages as a punishment to the defendant, for the purpose of making an example, and as a warning to him and others, in addition to the damages, which are as a compensation for plaintiff’s injuries.’1 The correctness of this charge is the only question before us.
Lord Coke defines damages thus, “Damna in the common law hath a signification for the recompense that is given by…
2Cases cited1 opinion
- Wilson v. MiddletonCalifornia Supreme Court · 1852
3Cited by22 opinions
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- Brown v. SwinefordWisconsin Supreme Court · 1878
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
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