St. Ores v. McGlashen
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtSearls, C. J.
This is an action to recover damages for an assault and battery committed by defendant. *149Plaintiff had a verdict and judgment for eleven hundred dollars and costs. The appeal is from the judgment, and from an order denying a new trial.
The seventh instruction asked by defendant and refused by rthe court enunciated the proposition that before the jury could give exemplary damages against the defendant, they should be satisfied beyond a reasonable doubt that the alleged assault and battery committed by the defendant (if any), upon the plaintiff, was maliciously committed by said defendant.
The…
2Cases cited1 opinion
- Reed v. HarperSupreme Court of Iowa · 1868
3Cited by7 opinions
- McLean v. Kirby Co.North Dakota Supreme Court · 1992
- Roth v. Shell Oil Co.California Court of Appeal · 1960
- Johnson v. Stackhouse Oldsmobile, Inc.Ohio Supreme Court · 1971
- Ward v. DemartiniCalifornia Court of Appeal · 1930
- McLean v. Kirby Co.North Dakota Supreme Court · 1992
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