Ward v. Blackwood
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. The action did not survive; Gantt's Dig., 4760; Const., art. 5, sec. 35; 39 Mo., 485. 2. The evidence did not justify an instruction allowing-vindictive or exemplary damages, and an instruction to that effect was misleading and prejudicial, 15 Ark., 492; 16' Id., 628; 21 Ark., 69. 3. All facts showing provocation or absence of malice should have been allowed to go to the jury in mitigation of' damages;…
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APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. The action did not survive; Gantt's Dig., 4760; Const., art. 5, sec. 35; 39 Mo., 485. 2. The evidence did not justify an instruction allowing-vindictive or exemplary damages, and an instruction to that effect was misleading and prejudicial, 15 Ark., 492; 16' Id., 628; 21 Ark., 69. 3. All facts showing provocation or absence of malice should have been allowed to go to the jury in mitigation of' damages; 35 Ark., 495-, Greenleaf on Fv., sec. 267; 2' Addison on Torts, sec. 1393; 1 Mass., 12; 41 111., 126. Defendant may…
1Opinion of the CourtSmith, J.
1. Action: By administrator for torts t o* deceased.. Massey sued Ward in an action ex delicto. His complaint contained two paragraphs — one for assault and battery, and the other for malicious prosecution in having him arrested. After the issues had been made up, the plaintiff died. Mr. Blackwood qualified as his administrator and the action was revived in his name and proceeded to a trial, which resulted in a verdict against Ward for two thousand dollars damages.
Ward excepted to the revivor in the name of the personal representative, and afterwards moved the court to arrest the judgment and…
2Cases cited1 opinion
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
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- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
- Muenkel v. MuenkelSupreme Court of Minnesota · 1919
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