Smithwick v. . Ward
Supreme Court of North Carolina
Action for assault and battery, tried before Shepherd, J., at the last Fall Term of Martin Superior Court. The plaintiff obtained a verdict. Four exceptions were taken on the trial below and certified to this Court. 1st. The defendants offered to prove, on the question of “ vindictive damages,” that they had been convicted of an assault and battery, and bad been lined by the County Court of Martin, which the Court rejected as irrelevant. 2nd.
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Action for assault and battery, tried before Shepherd, J., at the last Fall Term of Martin Superior Court. The plaintiff obtained a verdict. Four exceptions were taken on the trial below and certified to this Court. 1st. The defendants offered to prove, on the question of “ vindictive damages,” that they had been convicted of an assault and battery, and bad been lined by the County Court of Martin, which the Court rejected as irrelevant. 2nd. The defendants offered to prove, that the plaintiff is a Baai£f turbulent and desperate disposition, and that they are mien of quiet and…
1Opinion of the CourtManly, J.
The exceptions taken on the trial below, are stated in the record with distinctness, and we have duly considered them in this Court. The only one, about which we have had any difficulty, is the ruling by the Court,, that the conviction and punishment,, criminally, for the offense,, was • irrelevant, and not proper to be considered in abatement of' the demand for vincUctive damages. The word “ vindictive,” here adopted, is in common professional and legislative use-as a synonym of vindicatory or punitory, and in that sense, we suppose it is used in the record. This element, in. the estimate of…
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