Irby v. Wilde
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before "Hon. A. A. Evans. Action by George H. Wilde against L. E. Irby for assault and battery. From a judgment for plaintiff for |500, defendant appeals. The complaint followed the Code form, and contained no allegation of special injury as a basis for a claim for damages. The complaint followed the code form and special, damages were not recoverable thereunder unless specially pleaded.
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Appeal from Barbour Circuit Court. Heard before "Hon. A. A. Evans. Action by George H. Wilde against L. E. Irby for assault and battery. From a judgment for plaintiff for |500, defendant appeals. The complaint followed the Code form, and contained no allegation of special injury as a basis for a claim for damages. The complaint followed the code form and special, damages were not recoverable thereunder unless specially pleaded. As to what are special and general damages the court’s attention is directed to the following authorities. — 5 Ency. P. & P. pp. 717-721, note 2, p. 719 and…
1Opinion of the CourtTyson, C. J.
This action was brought to recover damages for an assault and battery alleged to have been committed by defendant upon the plaintiff. The complaint is in the Code form, and is in this language: “The plaintiff claims of the defendant twenty-five hundred dollars, damages for an assault and battery committed by defendant on the plaintiff, viz., on or about the 8th day of February, 1906.”
Against the defendant’s objection the plaintiff was permitted to Drove that he lost 10 days from his occupation or business, and that this lost time was reasonably worth $4 per day, and also that he employed a…
2Cases cited5 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Dothard v. SheidSupreme Court of Alabama · 1881
- Lewis v. PaullSupreme Court of Alabama · 1868
- Ross v. Malone & SonSupreme Court of Alabama · 1892
- Missouri, Kansas & Texas Railway Co. v. DawsonCourt of Appeals of Texas · 1895
3Cited by21 opinions
- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- Mobile Light R. Co. v. TherrellSupreme Court of Alabama · 1921
- Advertiser Co. v. JonesSupreme Court of Alabama · 1910
- Crommelin v. Montgomery Independent Telecasters, Inc.Supreme Court of Alabama · 1967
- Wilson v. OrrSupreme Court of Alabama · 1923
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