Rogers v. Aulick

JUDGE ROBERTSON

delivered the opinion of the court:

The only question in this case is, whether, in an action for assault and battery and false imprisonment, the jury, without *420any negative answer or extraneous testimony, had a right, simply oh the admission, by default, of the alleged facts, to find a verdict for more than nominal damages.

The Code, as often adjudged by this court, requires other proof than the uncontroverted petition, when the value of property is to be assessed.

But this rule has never been extended to an action for indeterminate damages for a tort; and we can see neither…