Powell v. Wiley
Supreme Court of Georgia
Action for damages. Before Judge Beid. City court of Atlanta. September 16, 1905. The plaintiff brought an action for assault and battery alleged to have been committed on him by the defendant. The defendant, after filing a plea, offered an amendment to the effect that he had been acquitted in a criminal prosecution for the alleged assault and battery, and contended that this acquittal was a bar to the right to recover punitive damages.
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Action for damages. Before Judge Beid. City court of Atlanta. September 16, 1905. The plaintiff brought an action for assault and battery alleged to have been committed on him by the defendant. The defendant, after filing a plea, offered an amendment to the effect that he had been acquitted in a criminal prosecution for the alleged assault and battery, and contended that this acquittal was a bar to the right to recover punitive damages. The court disallowed the amendment, and refused to admit in evidence the record of the proceedings in the criminal prosecution; to both of which rulings the…
1Opinion of the CourtAtkinson, J.
1. Where an action was brought for damages for an alleged assault and battery, and the defendant offered a plea setting forth his acquittal in a criminal prosecution for the same alleged offense, there was no error in disallowing the plea or in refusing to admit evidence in support thereof. Tumlin v. Parrott, 82 Ga. 735; Cottingham v. Weeks, 54 Ga. 275. See also S. A. L. Ry. v. O’Quin, 124 Ga. 357.
2. The charge of the court complained of was not erroneous for any reason assigned.
3. The remaining assignments of error, not being referred to in the brief of counsel for plaintiff in error, will…
2Cases cited4 opinions
- Cottingham v. WeeksSupreme Court of Georgia · 1875
- Seaboard Air-Line Railway v. O'quinSupreme Court of Georgia · 1905
- Mayson v. StateSupreme Court of Georgia · 1906
- Tumlin v. ParrottSupreme Court of Georgia · 1889
3Cited by8 opinions
- Roper v. ScottCourt of Appeals of Georgia · 1948
- Padgett v. WilliamsCourt of Appeals of Georgia · 1950
- Webb v. McDanielSupreme Court of Georgia · 1962
- Crawford v. SumerauCourt of Appeals of Georgia · 1959
- Duncan v. StateSupreme Court of Georgia · 1919
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