Goracke v. Hintz
Nebraska Supreme Court
Error to the district court for Johnson county. Tried below before Weaver, J. Damages excessive. Yates v. Joyce, 11 Johns., 136. Rockwood v. Allen, 7 Mass., 256. Bussy v. Donaldson, 4 Dali., 206. Allison v. McOune, 15 Ohio, 726. Froy v. Parker, 53 N. H., 342. Punitive damages not recoverable. Boyer v. Barr, 8 Neb., 68. Roose v. Perkins, 9 Id., 304. Riewe v. McCormick, 11 Id., 264. Petition for new trial on ground of additional evidence should have been granted.
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Error to the district court for Johnson county. Tried below before Weaver, J. Damages excessive. Yates v. Joyce, 11 Johns., 136. Rockwood v. Allen, 7 Mass., 256. Bussy v. Donaldson, 4 Dali., 206. Allison v. McOune, 15 Ohio, 726. Froy v. Parker, 53 N. H., 342. Punitive damages not recoverable. Boyer v. Barr, 8 Neb., 68. Roose v. Perkins, 9 Id., 304. Riewe v. McCormick, 11 Id., 264. Petition for new trial on ground of additional evidence should have been granted. Reasonable diligence is all that is required. Jones v. Singleton, 45 Cal., 94. Brown v. Bakers, 79 111., 575. on newly discovered…
1Opinion of the CourtCobb, J.
The petition in error in this cause assigns ten grounds of error, which will be stated and disposed of in their order.
1. The court erred in sustaining the objection to the question asked of the defendant in error, if her husband was not in the habit of beating her; the fact of the beating the plaintiff in error stood ready to prove. The plaintiff below in her petition had alleged as a ground of aggravated damages, that at the time of the assault and beating, for which the action was brought, she was pregnant, and that by reason of such beating, etc., she had suffered a miscarriage. It was…
2Cases cited2 opinions
- Axtell v. WardenNebraska Supreme Court · 1878
- Heady v. FishburnNebraska Supreme Court · 1874
3Cited by3 opinions
- Granger v. ByrneNebraska Supreme Court · 1955
- Grohousky v. LongNebraska Supreme Court · 1886
- Jessen v. WillhiteNebraska Supreme Court · 1905