Brause v. Brause
Supreme Court of Iowa
Appeal from Fayette District Court. — A. N. Hobson, Judge. Action at law to recover damages for assault and battery claimed to have been committed by defendants upon the plaintiff. Trial to a jury, which returned a verdict in favor of plaintiff against both defendants for $5,000, which included $1,500 exemplary damages.
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Appeal from Fayette District Court. — A. N. Hobson, Judge. Action at law to recover damages for assault and battery claimed to have been committed by defendants upon the plaintiff. Trial to a jury, which returned a verdict in favor of plaintiff against both defendants for $5,000, which included $1,500 exemplary damages. The amount of the exemplary damages was shown by the answer to a special interrogatory, as to how much exemplary damages were included in the general verdict. In ruling on defendants’ motion for new trial, the court announced that, unless plaintiff remitted from the verdict…
1Opinion of the CourtPreston, J.
— 1. Plaintiff claims that the defendants assaulted and beat her, and that she was injured and damaged thereby. Defendants deny plaintiff’s claim, and allege that plaintiff assaulted defendant Myrtle Brause, and that any injuries received by the plaintiff were caused by her own act in provoking the assault, and were necessary to repel the assault of plaintiff. No complaint is made of the instructions, and they are not set out in the record. The errors assigned are as to the sufficiency of the evidence to sustain the verdict against the defendants, and as against defendant Rebecca Jane; that…
2Cases cited25 opinions
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Hageman v. VanderdoesArizona Supreme Court · 1914
- Reutkemeier v. NolteSupreme Court of Iowa · 1917
- Doran v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
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3Cited by22 opinions
- Bankers Life & Casualty Company v. C. M. Kirtley, Trustee in Corporate Reorganization Proceedings of Automatic Washer CompanyCourt of Appeals for the Eighth Circuit · 1962
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- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Curnett v. WolfSupreme Court of Iowa · 1953
- In Re Estate of HollisSupreme Court of Iowa · 1944
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