Jones v. Peterson
Oregon Supreme Court
From Multnomali: Melvin C. George, Judge. This is ail action by Abraham Jones against John H. Peterson, to recover damages.
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From Multnomali: Melvin C. George, Judge. This is ail action by Abraham Jones against John H. Peterson, to recover damages. It is stated in the complaint that on January 16,1903,the defendant maliciously assaulted and beat the plaintiff, inflicting upon him certain injuries, particularly describing them, in consequence of which he was compelled to employ medical aid, and would be obliged to pay for such service $25,which was a reasonable sum therefor, and that by reason of the assault he had suffered great bodily pain, humiliation, and mental distress, to his damage in the sum of $2,525. The…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendant's counsel that the cause of action is based upon the bodily pain, humiliation, and mental distress alleged to have been suffered by plaintiff, but at the trial he was permitted, over objection and exception, to testify that in consequence of the injuries which he claims to have received he was for five weeks unable to follow his usual vocation; and that the court erred in admitting such testimony. In Heneky v. Smith, 10 Or. 349 (45 Am. Rep. 143), the plaintiff, in an action to recover damages resulting from a wound inflicted by the defendant, was permitted to…
2Cases cited4 opinions
- Heneky v. SmithOregon Supreme Court · 1882
- Reddin v. GatesSupreme Court of Iowa · 1879
- Atwell v. MillerCourt of Appeals of Maryland · 1854
- Blackburn v. BeallCourt of Appeals of Maryland · 1864
3Cited by3 opinions
- First National Bank v. McCulloughOregon Supreme Court · 1908
- Hively v. HiggsOregon Supreme Court · 1927
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909