Legal Opinion

Bogue v. Gunderson

South Dakota Supreme Court

Decided October 1, 1912PublishedCited by 26 opinions

Appeal from Circuit Court, Yankton County. Hon R. B. TRIPP, Judge. Action by Alan Bogue, Jr., against T. I. Gunderson, for damages for assault and ¡battery. From a judgment for plaintiff for $750, defendant appeals.

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Appeal from Circuit Court, Yankton County. Hon R. B. TRIPP, Judge. Action by Alan Bogue, Jr., against T. I. Gunderson, for damages for assault and ¡battery. From a judgment for plaintiff for $750, defendant appeals. Both of these -questions (as to defendant’s being a candidate, and as to the effect -of defendant striking plaintiff) were competent and relevant to the issues, in this case, and it would have been error on the part of the court to have excluded the answers for the reason that they tended to prove compensatory damages, other than those arising from physical injuries, such as…

1Opinion of the CourtHaney, J.

The complaint, alleging a malicious assault and battery, demands both actual and exemplary damages. It appears that the plaintiff, an attorney and counselor at law, who had resided in Centerville -for 14 years, on the night of the general election in 1908, entered a drug store in that town, in company with a friend, to procure cigars. Several gentlemen were in the store, including the defendant, all of whom were acquainted with both parties to this action. According to the plaintiff’s testimony, he was about to leave, when the defendant inquired how the election returns .suited- him. A…

2Cases cited1 opinion

  1. Shoemaker v. SonjuNorth Dakota Supreme Court · 1906

3Cited by26 opinions

  1. Hannahs v. NoahSouth Dakota Supreme Court · 1968
  2. Grynberg v. Citation Oil & Gas Corp.South Dakota Supreme Court · 1997
  3. Schaffer v. Edward D. Jones & Co.South Dakota Supreme Court · 1996
  4. Dahlen v. LandisNorth Dakota Supreme Court · 1981
  5. Smith v. WeberSouth Dakota Supreme Court · 1944

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