Shook v. Peters
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H, Noonan. Suit by Peters against Shook to recover damages for personal injuries inflicted on plaintiff by defendant. lie charged that the assault which produced the injury was made by defendant without provocation, maliciously, and with in; ent to injure.
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Appeal from Bexar. Tried below before the Hon. Geo. H, Noonan. Suit by Peters against Shook to recover damages for personal injuries inflicted on plaintiff by defendant. lie charged that the assault which produced the injury was made by defendant without provocation, maliciously, and with in; ent to injure. He claimed for mental and physical anguish, caused directly by the assault, $5,000; trouble, expense, medical attendance and nursing during illness, from same cause, $1,000; loss of time and from work for one year, caused by the battery, $3,000; punitory and exemplary damages, $9,000.…
1Opinion of the Court
Stayton, Associate Justice.—
The petition alleged the injury and the damage resulting therefrom with as much certainty as the nature of the case would probably permit, and the court did not err in overruling the demurrer thereto.
If the defendant committed a battery upon the plaintiff, the fact that the plaintiff may have subsequently instituted a malicious prosecution against him would not furnish to the defendant any defense to an action instituted by the plaintiff to recover damages done to him by the battery, nor could any damage to the defendant resulting from such malicious prosecution be…
2Cases cited1 opinion
- Hart v. DavisTexas Supreme Court · 1858
3Cited by11 opinions
- Cain v. SkillinSupreme Court of Alabama · 1929
- State v. BenavidezTexas Supreme Court · 1963
- Ætna Life Ins. Co. v. LoveCourt of Appeals of Texas · 1941
- McCormick v. SchtrenckCourt of Appeals of Texas · 1910
- Pittman v. StephensCourt of Appeals of Texas · 1941
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