Downey v. Duff
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. Having alleged that the assault and battery was maliciously done, appellee was bound to prove it.
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Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. Having alleged that the assault and battery was maliciously done, appellee was bound to prove it. It was therefore error to give any instructions which did not make the recovery of exemplary damages depend upon the malice of the wrong-doer. 19 N. W. 308, and cases cited; 90 Ark. 462. 2. Instruction 4 was erroneous in charging the jury in effect that before the defendant would be justified in striking the plaintiff when the latter was committing an assault upon him, defendant would have to act as a prudent person would…
1Opinion of the CourtSmith, J.
This is a suit for damages for an assault and battery alleged to have been committed upon appellee by the appellant. Damages both compensatory and punitive were asked at the trial and were awarded by the jury; the compensatory damages being assessed at $500 and punitive damages at $250. The court set aside the verdict for punitive damages and the plaintiff prayed an appeal from that order, but does not now prosecute that appeal. So that the case stands as an appeal from the judgment of the court below, awarding compensatory damages. This being true it is unnecessary to consider the various…
2Cases cited2 opinions
- Magness v. StateSupreme Court of Arkansas · 1899
- Brooks v. StateSupreme Court of Arkansas · 1908
3Cited by6 opinions
- State v. LinvilleOregon Supreme Court · 1928
- Atchley v. McFaddenSupreme Court of Oklahoma · 1936
- Bergmen v. MaberrySupreme Court of Arkansas · 1958
- Garner v. ScottSupreme Court of Arkansas · 1956
- Tygart v. KohlerCourt of Appeals of Arkansas · 2003
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