Sawyer v. . Jarvis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Camden County, at the Fall Term, 1851, his Honor Judge Settle presiding. This was an action of trespass for an assault and’battery, and for false imprisonment, and was tried at Camden, Fall Term, 1851. Pleas, not guilty, justification, Statute of Limitations. .On the part .of -the plaintiff, it was proved, that, in the pah Term of 1.8.50, he was arrested by the defendant, Hum-phries, at the instance of the defendant, Jarvis, carried…
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Appeal from the Superior Court of Law of Camden County, at the Fall Term, 1851, his Honor Judge Settle presiding. This was an action of trespass for an assault and’battery, and for false imprisonment, and was tried at Camden, Fall Term, 1851. Pleas, not guilty, justification, Statute of Limitations. .On the part .of -the plaintiff, it was proved, that, in the pah Term of 1.8.50, he was arrested by the defendant, Hum-phries, at the instance of the defendant, Jarvis, carried before the defendant, Ferebee, a magistrate of the county, and thence carried by the said Humphries, under the order of…
1Opinion of the CourtPearson, J.
In an action of this kind, juries are allowed a discretion on the subject of damages, so as not merely to give a compensation for the injury actually sustained by the plaintiff, but to go farther, and increase the damages, when there are circumstances of aggravation, as a punishment to the defendant by way of “ vindictive” or “ exemplary damages.”
When the Court is called on to impose a discretionary fine, there is a greater latitude as to receiving-evidence, than is admissible in reference to the trial of the issues in the cause, before the jury, for the reason that as the fine is a matter of…
2Cited by6 opinions
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- George v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1916
- Lowry v. . BarkerSupreme Court of North Carolina · 1937
- Rhyne v. K-Mart Corp.Court of Appeals of North Carolina · 2002
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