Hunt v. Van
Montana Supreme Court
Appeals from District Court, Prairie County; George P. ' Jones, Judge. Action by Mrs. Effa Evelyn Hunt against Oliver Yan to recover damages for assault and battery. From a judgment for plaintiff, and from the order denying defendant’s motion for a new trial, defendant appeals.
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Appeals from District Court, Prairie County; George P. ' Jones, Judge. Action by Mrs. Effa Evelyn Hunt against Oliver Yan to recover damages for assault and battery. From a judgment for plaintiff, and from the order denying defendant’s motion for a new trial, defendant appeals. While the courts hold that the question of whether or not a verdict is excessive must be determined from a consideration of the facts and circumstances of each particular case, yet we understand that ordinarily in the determination of this question the courts will resort to a consideration of the cases from other…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the .court.
Plaintiff below brought action against the defendant, alleging that on or about June 1, 1917, the defendant did “wrongfully, violently, and maliciously” commit an assault and battery upon her, to her damage in the sum of $5,000: Answer was a general denial. Verdict and judgment were in favor of plaintiff for $3,000. Defendant’s motion for a new trial was denied, and the cause is here by appeal from both the judgment and the order denying the motion.
Appellant’s specifications 1 and 2 assign as error the order [1, 2] of the court…
2Cases cited4 opinions
- Meredith v. RomanMontana Supreme Court · 1914
- Jones v. ShannonMontana Supreme Court · 1918
- Surman v. CruseMontana Supreme Court · 1920
- Downs v. CassidyMontana Supreme Court · 1913
3Cited by13 opinions
- Baatz v. NobleMontana Supreme Court · 1937
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- McCarthy v. Anaconda Copper Mining Co.Montana Supreme Court · 1924
- Richland County v. AndersonMontana Supreme Court · 1955
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