Slater v. Rink
Illinois Supreme Court
Casper Rink and Elizabeth Rink sued George K. Slater in trespass, for an assault and battery on Elizabeth Rink. Action brought at the May term of the Kane County Circuit Court, 1856, and tried at the succeeding November term thereof. I. G. Wilson, presiding. The defendant pleaded, son assault demesne, to which the plaintiffs replied, de inguria (issue thereon).
1Opinion of the CourtCaton, J.
The declaration is for an assault and battery committed on the person of Elizabeth Rink, on the 6th day of May, 1856, by means whereof she suffered great pain, and her life was greatly despaired of. Upon the trial the defendant below asked the court to instruct the jury as follows: “If the jury find for the plaintiffs, yet they are not entitled to damages, except for the injury and pain on the day of the injury.” The refusal to give this instruction is assigned for error. The instruction was not the law and was properly refused. Had the instruction been that the plaintiff could only recover…
2Cited by3 opinions
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
- Lovett v. City of ChicagoAppellate Court of Illinois · 1890
- Tinsley v. RoweAppellate Court of Illinois · 1885