Borkenstein v. Schrack
Indiana Court of Appeals
Erom the Superior Court of Alien County; J. H. Aiken, Judge. Action by Joseph Schrack against Bernard Borkenetein. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRobinson, C. J.
Appellee recovered a judgment for damages for an assault and battery.
In some of the instructions to the jury they were told that they might award punitive damages. These instructions were erroneous. It is a well settled rule that for a wrong, the commission of which subjects the wrongdoer to both a criminal prosecution and a civil action, punitive damages can not be assessed. Tabor v. Hutson, 5 Ind. 322, 61 Am. Dec. 96; Johnson v. Vuthrick, 7 Ind. 137; Struble v. Nodwift, 11 Ind. 64; Nay v. Byers, 13 Ind. 412; Butler v. Mercer, 14 Ind. 479; Nossaman v. Rickert, 18 Ind. 350; Humphries v.…
2Cases cited15 opinions
- Taber v. HutsonIndiana Supreme Court · 1854
- Meyer v. BohlfingIndiana Supreme Court · 1873
- State ex rel. Scobey v. StevensIndiana Supreme Court · 1885
- Tracy v. HacketIndiana Court of Appeals · 1898
- Stewart v. MaddoxIndiana Supreme Court · 1878
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3Cited by6 opinions
- Indianapolis Bleaching Co. v. McMillanIndiana Court of Appeals · 1916
- Colley v. SappSupreme Court of Oklahoma · 1914
- Hartford Life Insurance v. HopeIndiana Court of Appeals · 1907
- Baltimore & Ohio Southwestern Railroad v. DavisIndiana Court of Appeals · 1909
- Pixley v. CateyIndiana Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.