Ward v. Blackwood
Supreme Court of Arkansas
APPEAL from Conway Circuit Court. Hon. F. T. Vaughan, Judge. 1. The verdict is excessive and the result of prejudice. The amount shows passion, prejudice, or an incorrect appreciation of the law applicable to the case. 2. The verdict was contrary to the law and evidence. 3. The court erred in giving the fourth instruction for plaintiff: (a.) It is abstract.
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APPEAL from Conway Circuit Court. Hon. F. T. Vaughan, Judge. 1. The verdict is excessive and the result of prejudice. The amount shows passion, prejudice, or an incorrect appreciation of the law applicable to the case. 2. The verdict was contrary to the law and evidence. 3. The court erred in giving the fourth instruction for plaintiff: (a.) It is abstract. (6.) It furnishes an improper measure of damages, (c.) Because it permits the jnry to fix damages without reference to the evidence. Instructions inapplicable to the facts proved, and calculated to mislead the jury, or based upon unproved…
1Opinion of the CourtBattle, J.
This action was brought by Massey, in his lifetime, against Ward, for damages caused by an assault and battery committed upon him by Ward, on the 25th of August, 1880. Massey having died since its commencement, it was revived in the name of Blackwood, as.his administrator.
Ward answered, and alleged that, at the time the assault and battery was committed, he was the lessee and keeper of the Arkansas penitentiary. That on the day of the trespass complained of, Massey was one of the prison guards, in charge of a large number of convicts, engaged at work at Argenta. That sometime in the morning,…
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