Bannister v. Mitchell
Supreme Court of Virginia
Error to a judgment of the Corporation Court of city of Roanoke, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
1Opinion of the CourtPrentis, J.
Lucy Mitchell recovered a judgment for $650 against William Bannister as damages for assault and battery. He assigns error in the instructions.
[1, 2] He complains of instruction “A,” which reads: “The court instructs the jury that whenever an. assault is of a grievous or wanton nature, manifesting a wilful disregard of the rights of others, actual malice need not be shown to entitle the aggrieved party to exemplary damages; and, whilst the existence of malice may be shown in aggravation of such damages, its absence does not defeat the right tq their recovery.”
It is conceded that this…
2Cases cited8 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Borland v. BarrettSupreme Court of Virginia · 1882
- Shoemaker v. SonjuNorth Dakota Supreme Court · 1906
- People v. RaherMichigan Supreme Court · 1892
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3Cited by17 opinions
- Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
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- Alteiri v. ColassoSupreme Court of Connecticut · 1975
- Brittle v. CommonwealthCourt of Appeals of Virginia · 2009
- McLain v. Pensacola Coach CorporationSupreme Court of Florida · 1943
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