Legal Opinion

Hoadley v. Watson

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 25 opinions

Trespass for assault and battery.* Plea, the general issue, and trial by jury, April term, 1872, Royce, J., presiding. The defendant offered in evidence, for the purpose of mitigating damages, and upon tbe question of exemplary damages, the record of a judgment against himself in a criminal prosecution for the assault set forth in the declaration, and offered to show that the prosecution was instituted at the plaintiff’s request, and upon his complaint.

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Trespass for assault and battery.* Plea, the general issue, and trial by jury, April term, 1872, Royce, J., presiding. The defendant offered in evidence, for the purpose of mitigating damages, and upon tbe question of exemplary damages, the record of a judgment against himself in a criminal prosecution for the assault set forth in the declaration, and offered to show that the prosecution was instituted at the plaintiff’s request, and upon his complaint. The court excluded said record and the testimony offered in connection therewith, and the defendant excepted. The plaintiff offered no…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

1. Exemplary damages are not given in lieu of punishment. The fact that in a civil action founded on a criminal act, the guilty party had been compelled to pay exemplary damages to the party injured on account of the act, would be no bar to a prosecution in a criminal proceeding for the same act, nor to any part of the fine imposed by law upon such offenses. Neither should the liability to, nor the actual imposition of, a fine in a criminal proceeding, bar any portion of the liability in a civil action for the same act. This was the doctrine…

2Cited by25 opinions

  1. Landa v. ObertTexas Supreme Court · 1876
  2. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  3. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
  4. Coty v. Ramsey Associates, Inc.Supreme Court of Vermont · 1988
  5. Corcoran v. HarranWisconsin Supreme Court · 1882

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