Cooper v. Demby
Supreme Court of Arkansas
Appeal from 'Garland Circuit 'Court; Scott Wood, Judge; reversed. 1. The court erred in refusing to permit witnesses to testify as to the reputation of appellee as to his generally known habits, and in refusing to give instructions 1, 2, 3, 5 and '6 'and in giving the peremptory instruction.
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Appeal from 'Garland Circuit 'Court; Scott Wood, Judge; reversed. 1. The court erred in refusing to permit witnesses to testify as to the reputation of appellee as to his generally known habits, and in refusing to give instructions 1, 2, 3, 5 and '6 'and in giving the peremptory instruction. The rule if a person has reason to believe and does believe that he is about to suffer great bodily injury, he is justified in resorting to violence in self-defense, though not actually in danger, is applied in civil actions for damages for assault. 76 Ind. 317; 13 Ky. Law. Rep. 927; lb. 703 ; 91 111.…
1Opinion of the CourtSmith, J.
Appellee sued for and recovered damages, both.compensatory and punitive, on account of an assault alleged to have been committed upon him by appellant.
According to the evidence of appellee 'and of the witnesses who testified in his behalf, the circumstances of the assault were such that damages, both compensatory and punitive, were properly assessed. According to the evidence of appellant, however, and of his witnesses, the facts were that appellee grossly and wantonly insulted appellant while employed about his own business and at his own place of business, land appellant used only such…
2Cases cited7 opinions
- Ward v. BlackwoodSupreme Court of Arkansas · 1883
- Morely v. DunbarWisconsin Supreme Court · 1869
- Prentiss v. ShawSupreme Judicial Court of Maine · 1869
- St. Louis Southwestern Railway Co. v. MyzellSupreme Court of Arkansas · 1908
- Millard v. TruaxMichigan Supreme Court · 1891
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3Cited by5 opinions
- Cain v. SkillinSupreme Court of Alabama · 1929
- Font Suárez v. PastranaSupreme Court of Puerto Rico · 1952
- Chicago Mill & Lumber Co. v. BryeansSupreme Court of Arkansas · 1919
- Bergdorf v. ChandlerSupreme Court of Arkansas · 1952
- Font Suárez v. PastranaSupreme Court of Puerto Rico · 1952