Whitney v. Hitchcock
New York Supreme Court
Trespass for an assault and battery upon Mary, the daughter and servant of the plaintiff, by which she became sick, &c. and the plaintiff lost and was deprived of her services, &c. Not guilty was pleaded, and the cause was tried at the Franklin circuit in February, 1847, before Willard, C. Judge.
Read the full summary
Trespass for an assault and battery upon Mary, the daughter and servant of the plaintiff, by which she became sick, &c. and the plaintiff lost and was deprived of her services, &c. Not guilty was pleaded, and the cause was tried at the Franklin circuit in February, 1847, before Willard, C. Judge. On the trial it was proved that the plaintiff’s daughter, a girl of the age of eleven years, and the defendant attended an evening meeting at Fort Covington, and that during prayer the defendant committed an indecent assault with his hands upon the person of the girl, by means of which, as she stated…
1Opinion of the Court
Per. Curiam.
This case as proved on the trial was one of great aggravation, and perhaps the law is not sufficiently severe for its due punishment. We have no difficulty, however, in saying that the rule laid down by the judge was incorrect. The general question what damages can be recovered by way of punishment in the class of actions where exemplary damages are usually given, is not involved here. It might be difficult to reconcile what has been said in the books with any definite principle, but we do not intend to express any opinion upon that subject in this case. The present suit is…
2Cited by36 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Fowler Butane Gas Co. v. VarnerMississippi Supreme Court · 1962
- Taber v. HutsonIndiana Supreme Court · 1854
- Pickle v. PageNew York Court of Appeals · 1930
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
31 more not listed; retrieve them via the Exa API.