Stockwell v. Brinton
North Dakota Supreme Court
From an order of the District Court for Billings County, Nuchols, Special Judge, presiding, denying new trial, plaintiff appeals. The court’s charge upon the question of damages is clearly erroneous. Punitive damages may be recovered without the showing of actual malice. Penal Code 1905, § 9524; Rev. Codes 1905, § 6562; Shoemaker v. Sonju, 15 N. D. 518, 108 N. W. 43, 11 Ann. Cas. 1173; Fotheringham v. Adams Exp.
Read the full summary
From an order of the District Court for Billings County, Nuchols, Special Judge, presiding, denying new trial, plaintiff appeals. The court’s charge upon the question of damages is clearly erroneous. Punitive damages may be recovered without the showing of actual malice. Penal Code 1905, § 9524; Rev. Codes 1905, § 6562; Shoemaker v. Sonju, 15 N. D. 518, 108 N. W. 43, 11 Ann. Cas. 1173; Fotheringham v. Adams Exp. Co. 1 L.R.A. 474, 36 Fed. 252; White v. Spangler, 69 Iowa, 222, 26 N. W. 85. Malice may be inferred from an act or acts of the defendant, and the weapon used by defendant at the time…
1Opinion of the CourtGoss, J.
The complaint alleges that the defendant, Brinton, on August 22, 1909, in Beach, North Dakota, “did make a violent assault upon plaintiff and did with a billy or bludgeon wilfully and unlawfully strike, beat, and wound the plaintiff over and about the left arm and left side of the head, then and there inflicting upon the plaintiff great injuries to his head and arm, to the damage of the plaintiff in the sum of $5,000.” Defendant by answer denies the assault and injuries, but alleges that the plaintiff wilfully and maliciously assaulted him, defendant; and that if plaintiff received any…
2Cases cited18 opinions
- Shoemaker v. SonjuNorth Dakota Supreme Court · 1906
- State v. MalmbergNorth Dakota Supreme Court · 1905
- State v. FosterNorth Dakota Supreme Court · 1905
- Stewart v. SmallwoodCourt of Appeals of Texas · 1907
- Webb v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McLain v. Pensacola Coach CorporationSupreme Court of Florida · 1943
- State of Fla. Ex Rel. O'Malley v. Department of Ins.Indiana Court of Appeals · 1973
- Galiger v. HansenMontana Supreme Court · 1957
- Robbins v. McAlisterSupreme Court of Colorado · 1932
- McCurdy v. HughesNorth Dakota Supreme Court · 1933