Leavitt v. Dow
Supreme Judicial Court of Maine
On motion by plaintiff. Sustained. Action of trespass to recover damages for an alleged assault and battery made by the defendant upon the plaintiff, brought in the Superior Court, Cumberland County. Plea, the general issue with brief'statement alleging that "the injury if any to the plaintiff was inflicted by the defendant in self defense from the assault of the plaintiff.” The jury returned a verdict for the plaintiff, assessing the damages in the sum of one cent.
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On motion by plaintiff. Sustained. Action of trespass to recover damages for an alleged assault and battery made by the defendant upon the plaintiff, brought in the Superior Court, Cumberland County. Plea, the general issue with brief'statement alleging that "the injury if any to the plaintiff was inflicted by the defendant in self defense from the assault of the plaintiff.” The jury returned a verdict for the plaintiff, assessing the damages in the sum of one cent. The plaintiff then filed the following motion: "And now said Hyman Leavitt after verdict in his favor and before judgment, moves…
1Opinion of the CourtPeabody, J.
This was a civil action of trespass to the person to recover damages for assault and battery.
The verdict was for the plaintiff for a nominal sum of one cent damages.
The case comes before the Law Court on the plaintiff’s motion for a new trial on the ground that the damages assessed by the jury are manifestly and grossly inadequate.
There were two meetings of the parties on the day of the alleged trespass. A technical assault and battery seems to be admitted by the defendant’s attorney, although denied by the defendant in his own testimony, who also justifies his acts on the ground that they…
2Cases cited6 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
- Paul v. LeyenbergerAppellate Court of Illinois · 1885
- Hackett v. PrattAppellate Court of Illinois · 1893
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3Cited by17 opinions
- Chenell v. Westbrook CollegeSupreme Judicial Court of Maine · 1974
- Alabama Great Southern R. Co. v. RandleSupreme Court of Alabama · 1927
- Sundgren v. StevensSupreme Court of Kansas · 1911
- Fulmele v. ForrestSuperior Court of Delaware · 1913
- Rogers v. BigelowSupreme Court of Vermont · 1916
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