Shoff v. Wells
Nebraska Supreme Court
This was a petition in error to bring up a judgment rendered by the District Court for Otoe county, for review. It was an action for damage for an assault and battery, committed by the defendant upon the plaintiff. The cause was tried at the December term, 1868, before the court and a jury.
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This was a petition in error to bring up a judgment rendered by the District Court for Otoe county, for review. It was an action for damage for an assault and battery, committed by the defendant upon the plaintiff. The cause was tried at the December term, 1868, before the court and a jury. The testimony showed that the plaintiff paid a physician fifteen dollars for medical attendance, rendered necessary by the injuries inflicted upon him,, and tended to show that for ten days he was unable to work, and that four dollars per day was what he could have earned. The jury rendered a verdict for…
1Opinion of the CourtCeounse, J.
*169In article six of the Code relating to new trials it is provided :
“ Sec. 315. A new trial shall not be granted, on account of the smallness of damages, in an action for an injury to the person or reputation, nor any other action where the damages shall equal the actual pecuniary injury sustained.”
The reading and intérpretation contended for by the counsel for the defendant in error, is that in an action for damages for an injury to the person or reputation, as well as in all other actions, the damages must equal the actual pecuniary injury sustained.
This claim is opposed not only to the…
2Cited by3 opinions
- Metropolitan Street-railway Co. v. O'NeillSupreme Court of Kansas · 1904
- Missouri, K. & T. R. Co. v. LindseySupreme Court of Oklahoma · 1921
- O'Reilly v. HooverNebraska Supreme Court · 1908