Lyon v. Hancock
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and Couuty of San Francisco. The plaintiffs were husband and wife, and complained that on the 3d day of October, 1866, the defendant assaulted and beat the wife, and restrained her of her liberty by arresting her and taking her to prison, for some alleged offense, in the City of San Francisco. Plaintiffs claimed five thousand dollars damages.
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Appeal from the District Court, Fourth Judicial District, City and Couuty of San Francisco. The plaintiffs were husband and wife, and complained that on the 3d day of October, 1866, the defendant assaulted and beat the wife, and restrained her of her liberty by arresting her and taking her to prison, for some alleged offense, in the City of San Francisco. Plaintiffs claimed five thousand dollars damages. Defendant answered that on the day named, while he was sitting at a window in his house, on Mission street, the plaintiff Margaret, who was passing, violently threw a piece of brick through…
1Opinion of the Court
By the Court, Sanderson, J.:
Where in actions of this character the plaintiff claims punitive damages, the motives of the defendant become a most material subject of inquiry. To such an inquiry, from the necessity of the case, a wide range should be allowed to both sides. Malice, like fraud, is generally to be inferred from facts and circumstances. Hence the plaintiff is entitled to prove any facts or circumstances which tend, even in the slightest degree, to show malice on the part of the defendant. For the same reason, the defendant is entitled to prove any facts and circumstances which…
2Cited by10 opinions
- People v. ScogginsCalifornia Supreme Court · 1869
- Pacific Steam Whaling Co. v. Alaska Packers' Ass'nCalifornia Supreme Court · 1903
- Richter v. NeilsonCalifornia Court of Appeal · 1936
- Gruner v. BarberCalifornia Court of Appeal · 1962
- Robinson v. McKnightCalifornia Court of Appeal · 1930
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