Wise v. Daniel

Defendant shot plaintiff in the thigh with a pistol ball, inflicting a flesh wound which laid him in a hospital for 17 days and caused him pain and suffering. This suit was brought to recover damages and plaintiff had verdict for $2,500. The case is here by writ of error.

Defendant claims the verdict is excessive; that the court erred in not instructing the jury as requested, in permitting recovery of exemplary damages, and in charging the jury with reference to such damages.

Plaintiff was a conductor on an interurban passenger car. Defendant wanted to take the car and when it did not stop he…